Order modified by requiring the plaintiff to pay as a condition of the *944granting of the new trial the costs of the former trial, and as so modified the order is affirmed, without costs of this appeal to either party. All concurred.
Order modified by requiring the plaintiff to pay as a condition of the *944granting of the new trial the costs of the former trial, and as so modified the order is affirmed, without costs of this appeal to either party. All concurred.