
    James B. Christie, Appellant, v. Cerro de Pasco Copper Corporation, Respondent.
    (Argued May 26, 1926;
    decided July 9, 1926.)
    
      Master and servant ■— contract — agreement of master to provide servant with safe dwelling while resident in foreign country — complaint dismissed in action to recover for personal injuries from fall caused by breaking of railing.
    
    
      Christie v. Cerro de Pasco Copper Corp., 214 App. Div. 820, affirmed.
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 18, 1925, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The action was to recover for personal injuries alleged to have been sustained by plaintiff while in the service of defendant, a New York corporation, in the Republic of Peru. Plaintiff was injured through the breaking of the rail of a veranda against which he was leaning. He claimed to be entitled to recover in this State under a contract by which defendant agreed to provide him with a safe and suitable dwelling while in Peru.
    Judgment affirmed, with costs;
    
      Joseph A. Fagnant for appellant.
    
      Clifton P. Williamson and Edward W. Bourne for respondent.
   no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane and Andrews, JJ. Absent: Lehman, J.  