Judgment reversed and new trial granted, costs to abide the event, unless within twenty days plaintiff stipulates to deduct from his recovery the sum of $95.09, with interest from August 22, 1907, in which case the judgment as reduced is affirmed, without costs in this court to either party; no opinion.
Concur: CULLEN, Ch. J., GRAY, HAIGHT, VANN, CHASE and COLLIN, JJ. Not sitting: WERNER, J. *Page 749