Order modified by striking therefrom the last ordering paragraph and by substituting therefor a provision that upon reargument the original decision is adhered to. As so modified, order affirmed, with costs to appellant; verdict reinstated, and judgment directed to be entered thereon.
We regard the remarks complained of not as an appeal to racial prejudice but as fair comment on the testimony of a witness who came from the same place as respondent and who did not...
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