Judgment and order *927reversed and new trial ordered, with costs to appellant to abide event, unless the plaintiff, within twenty days, stipulates to reduce the verdict to the sum of §5,000 as of the date of the rendition thereof, in which event the judgment is modified accordingly, and as so modified is, together with the order, affirmed, without costs of this appeal to either party. All concurred, except McLennan, P. J. and Kruse, J., who dissented and voted for absolute affirmance.