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, Oh. J., Gbay, Haight, Vann, Chase and Collin, JJ. Not sitting: Webneb, J.