Judgment and order reversed on the law and facts, with costs, and complaint dismissed, with costs, on the ground that there is a failure to show actionable negligence on the part of the defendant as a cause of contributing cause of the death of plaintiff’s intestate, and the nlaintiff’s intestate assumed the risk. All concur. Present — Sears, P. J., Crouch, Taylor, Edgcomb and Thompson, JJ.