
    Marcus Flaherty’s Case.
    April 5, 1949.
    
      J. E. Lydon, for the claimant.
    
      P. S. Ratzkoff, for the insurer.
   Decree affirmed. This is an appeal by the husband of the insured employer from a decree of the Superior Court dismissing a claim for compensation under the workmen’s compensation act, G. L. (Ter. Ed.) c. 152, as amended. It is settled by Humphrey’s Case, 227 Mass. 166, that under the act the relationship of employee and employer cannot exist between husband and wife. Here, as in Humphrey’s Case, the record is devoid of evidence upon which to base an estoppel.  