
    Anna De Gaetano, as Administratrix of the Estate of James De Gaetano, Deceased, Appellant, v. Merritt and Chapman Derrick and Wrecking Company, Respondent.
    
      Negligence — master and servant — action to recover for death of diver from asphyxiation while engaged in his work — insufficient evidence of negligence of employer.
    
    
      De Gaetano v. Merritt & Chapman Derrick & Wrecking Co., 219 App. Div. 242, affirmed.
    (Argued January 17, 1928;
    decided February 14, 1928.)
    Appeal from a judgment, entered March 9, 1927, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of' defendant, his employer. Intestate, a diver, was asphyxiated while engaged in his employment of laying a cable at the bottom of the Harlem river. No witness saw the accident; his equipment was in perfect condition; he was found after the accident with his air hose and life line intact but caught between the cable and timbers of the crib through which it was to be hauled.
    
      Harold R. Medina and William F. McNulty for appellant.
    
      William J. Martin, Patrick J. Dobson and Frederick Mellor for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews. Lehman, Kellogg and O’Brien, JJ.  