
    William A. Johnson, Appellant, v. Black Diamond Steamship Company and Another, Respondents.
   Judgment modified by providing therein that the dismissal of the complaint is without prejudice, and as so modified affirmed, without costs. Rich, Hagarty and CarsweH, JJ., concur; Lazansky, P. J., and Young, J., dissent, being of opinion that plaintiff established a cause of action for the consideration of the jury.  