PER CURIAM.
Judgment and order unanimously reversed upon the law, with costs and taxable disbursements, and complaint dismissed with appropriate costs in the court below.
Plaintiff has recovered a judgment based upon a tort which occurred on a British vessel in the territorial waters of Brazil. The recovery was predicated upon the negligence of a fellow-servant of the plaintiff. The "Jones Act" (U.S. Code, tit. 46, § 688) is inapplicable. There was neither allegation nor proof, and it may not be presumed, that a similar statute existed either in Great Britain or Brazil. The burden of establishing such laws was upon the plaintiff. ( Christie v. Cerro de Pasco Copper Corp., 214 A.D. 820; affd., 243 N.Y. 557; Cuba R.R. Co. v. Crosby, 222 U.S. 473; Mexican Cent. R. Co. v. Chantry, 136 F. 316.)
All concur; present, CROPSEY, MacCRATE and LEWIS, JJ.