
    Knute Haugen, Respondent, v. John B. Breymann et al., Copartners under the Firm Name of George H. Breymann & Son, Appellants.
    (Argued October 7, 1926;
    decided October 22, 1926.)
    
      Negligence — master and servant ■ — ■ ships and shipping — sinking of vessel through negligence of owner — action by seaman to recover for injury to health occasioned by fall into water.
    
    
      Haugen v. Breymann, 217 App. Div. 753, affirmed.
    ■ Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 1, 1926, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial, in an action to recover for personal injury alleged to have been sustained by plaintiff through the negligence of defendants. Plaintiff was employed on a dredge belonging to defendants. During a night in February the dredge, while moored in the harbor, sank, and plaintiff in jumping to a scow alongside fell into water up to his waist, from which it is alleged he developed a cold resulting in tuberculosis. The Appellate Division held that the plaintiff established a mima facie case upon the question of defendant’s negligence resulting in the sinking of the dredge, and that the question whether plaintiff’s condition proximately resulted from defendant’s negligence should have been submitted to the jury.
    Order affirmed and judgment absolute ordered against appellants on the stipulation, with costs in all courts;
    
      Theodore H. Lord, James B. Henney and W. S. O’Connor for appellants.
    
      Jacquin Frank and David M. Fink for respondent.
   no opinion.

Concur: His cock, Ch. J., Cabdozo, Pound, McLaughlin, Cbane, Andhews and Lehman, JJ.  