
    Daniel B. Duncan, Appellant, v. St. Luke’s Hospital, Respondent.
    
      Duncan v. St. Luke’s Hospital, 113 App. Div. 68, affirmed.
    (Argued May 28, 1908;
    decided June 12, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 18, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover damages occasioned plaintiff by the death of liis wife alleged to have occurred through defendant’s breach of contract.
    
      Paul N. Turner for appellant.
    
      Perry D. Trafford for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Willard Bartlett and Chase, JJ.  