
    John R. Hinz, Adm’r, App’lt, v. John H. Starin, Resp’t.
    
      (Supreme Court, General Term, Second Department
    
    
      Filed July 18, 1890.)
    
    Hegligence — Injuries at bathing place.
    Plaintiff's intestate, while diving from a trapeze fifteen feet high on defendant's heach, struck his head on a rock under water and was killed. The evidence showed that he had been sitting for two hours in full view of the place of the accident, which was filled with bathers, who were wading about, the water being about three and a half feet deep. Held, that a nonsuit was properly ordered.
    Appeal from judgment dismissing the complaint.
    Action to recover for the death of plaintiff’s intestate, who was killed while diving from a trapeze at defendant’s, bathing place, by striking his head against a rock under water. The evidence showed that he had been sitting for two hours in full view of the bathing place, which was filled with bathers, who were wading about, the water being only three and a half feet deep. The trapeze was fifteen feet high.
    At the close of the evidence the court granted a motion to dismiss the complaint
    
      Martin J. Keogh, for app’lt; W. W. Goodrich, for resp’t.
   Pratt, J.

This general term has passed upon this case at two prior sittings, and what was stated in the opinions then rendered covers all the questions now raised. The evidence is substantially the same as upon the former appeals, and the judgment must be affirmed upon those opinions.

The first may be found in 46 Hun, 526; 12 N. Y. State Rep., 606, and the last was rendered at the December general term, 1888, and reported in 50 Hun, 606; 3 N. Y. Supp., 290; 21 N. Y. State Rep., 122.

Judgment affirmed,with costs.

Barnard, P. J., concurs.  