Opinion
December Term, 1900.
Judgment and order, as to the defendant the town of Hamburg, reversed and new trial ordered, with costs to the appellant to abide event, upon the ground that, construing the evidence most favorably to the plaintiff, no cause of action is established as to that defendant, and, therefore, as matter of law, the plaintiff is not entitled to recover. As to the other defendants, the judgment and order are reversed and a new trial ordered, with costs to the appellants to abide event, unless the plaintiff stipulates to reduce the recovery to $8,000, in which event the judgment and order appealed from, as thus modified, are affirmed, without costs of this appeal to either party, upon opinion in Deming v. Terminal Railway Co. ( 49 App. Div. 493). All concurred, except Laughlin, J., not voting.