Judgment and order reversed and new trial granted, costs to abide the event, unless within twenty days plaintiff stipulate to reduce the recovery by deducting the sum of sixty two dollars and sixty-five cents, in which case the judgment; as reduced, and order are affirmed, without costs. No opinion. Woodward, Jenks, Burr and Rich, JJ., concurred; Thomas, J., dissented upon the ground that the plaintiff has proved no cause of action.