Antonio Taranto, Appellant, v. North German Lloyd Steamship Company, Respondent

Antonio Taranto, Appellant, v. North German Lloyd Steamship Company, Respondent. Second Department, October 9, 1908. See head note in Taranto v. North German Lloyd Steamship■ Go. (ante, p. 72) Appeal by the plaintiff, Antonio Taranto, from a judgment of the Supreme Court in favor of the defendant, entered in the office, of the cleric of the county of Kings on the 21st day of November, 1906, upon the verdict of a jury dismissing the complaint upon the merits, and also from an order entered in said clerk’s office on the 9th day of January, 1906, denying the plaintiff’s motion for a new trial, made, upon the minutes. Nelson L. Keach [Achille J. Oishei with him on the brief], for the appellant. Joseph larocque,. Jr., for the respondent. [MAJORITY — Woodward, J.:] Woodward, J.: This is an action to recover'for loss of services of the plaintiff’s wife, who was shot, by a passenger on board one of the defendant’s steamships, due, it is claimed, to the wrongful act of one of the defendant’s servants. The action by the ' vife for personal injuries resulted in a verdict for the defendant, and with that judgment sustained on appeal (Taranto v. North German Lloyd Steamship Co., 128 App. Div. 72), decided herewith, there is an end of the husband’s cause of action. The judgment and order appealed from should be affirmed. Present—Woodward, Jenks, Hooker, Gaynor and Miller, JJ. Judgment and order unanimously affirmed, with costs.