Majority
Judgment affirmed, with costs.— Appeal by the plaintiff, Annie Taylor, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Rensselaer on the 3d day of July, 1893, upon the report of a referee dismissing the plaintiff’s complaint upon the merits and for costs.—
I have examined the findings of the referee, and the evidence in this case, and his findings seem to be abundantly supported by the evidence. I am inclined to think that an error was committed by him in refusing to admit the evidence offered, but in view of all the testimony, it seems to me that if such evidence had been admitted, it ought not to change the result. The behavior or the plaintiff was such as to provoke harsh treatment of her by the defendant. The judgment should be affirmed, with costs.
Mayham, P. J., and Putnam, J., concurred.