Judgment unanimously reversed on the law and facts and complaint dismissed as to defendant, New York Central Railroad Co. without costs, and new trial granted as to defendants, Berkman and Cromp, with costs to them to abide the event, unless plaintiff shall within 10 days stipulate to reduce the verdict to the sum of $38,491.25, as of the date of rendition thereof, in which event the judgment as to defendants, Berkman and Cromp, is modified accordingly and, as modified, affirmed...
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