
    KOWALSKA, Respondent, v. SEMELKA, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    May 3, 1911.)
    Action by Anna Kowalska against Theophilus Semelka.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. Held: (1) That the verdict is contrary to the evidence; (2) that, assuming defendant was guilty of the acts alleged, they were with the consent of the plaintiff; (3) that the trial was conducted in a manner prejudicial to the defendant’s rights in many respects.

SPRING, J.,

concurs in result only.  