
    MALONEY v. CUNARD S. S. CO.
    (Supreme Court, Appellate Division, First Department.
    February 6, 1914.)
    Appeal from Trial Term, New York County. Action by Michael Maloney against the Cunard Steamship Company. From a judgment for plaintiff, and an order denying a motion for a new trial, defendant appeals. Reversed, and complaint dismissed. Henry De Forest Baldwin, of New York City, for appellant. Herbert 0. Smyth, of New York City, for respondent.
   PER CURIAM.

The evidence fails to sustain a finding that the defendant was guilty of negligence, or that the plaintiff was free from contributory negligence. The judgment and order should therefore be reversed, and the complaint dismissed, with costs.

LAUGHLIN and HOTCHKISS, JJ., concur in reversal, but dissent from the dismissal of the complaint.  