
    Thomas S. Vaughn, App’lt, v. Mary M. Strong, as Administratrix, etc., of Thomas J. Strong, Deceased, Resp’t.
    
      (Supreme Court, General Term, Third Department,
    
    
      Filed March 16, 1889.)
    
    Appeal -by the plaintiff from a judgment entered in. favor of the defendant upon the report of a referee.
    
      W. Farrington, for app’lt; Lyman Northrup, for resp’t.
   Ingalls, J.

—The judgment herein in favor of the defendant, and the order of the special term confirming the report of the referee must be reversed and a new trial ordered' before another referee, with costs to abide the event, as-provided by the statute in such cases. The ground upon which such reversal is based is stated and discussed in the-opinion delivered in the case (Nannie L. Vaughn v. Mary M. Strong, as administratrix, etc., of Thomas J. Strong, deceased, ante, 369). The evidence and the questions involved in the two cases are substantially alike.

Learned, P. J., and Landon, J., concur.  