
    John Willex, as Administrator of the Estate of Donald Willex, Deceased, Respondent, v. City of Syracuse, Appellant, Impleaded with Others.
    
      Willex v. City of Syracuse, 175 App. Div. 909, affirmed.
    (Argued May 8, 1918;
    decided May 28, 1918.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 13, 1916, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of the defendant. The complaint alleged that the intestate, a boy three years old, was drowned in a temporary flume constructed for the purpose of carrying the waters of Onondaga creek, during the work of construction of a part of the Syracuse intercepting sewer; that the accident occurred at the point where this flume passed under the West Taylor street bridge over the creek, and that the boy met his death by reason of a defective condition of this bridge; that it was not sufficiently equipped with guard rails; that the portion of its floor or walk used by pedestrians was in a dangerous condition, and that as a result thereof this boy fell into the flume. The answer was a general denial of negligence by the defendant city and a plea of contributory negligence on the part of the plaintiff’s intestate and his parents or guardians.
    
      Stewart F. Hancock and Carl E. Dorr for appellant.
    
      Oscar J. Brown for respondent.
   Judgment affirmed, with costs; no opinion. •

Concur: His cock, Ch. J., Chase, Cardozo and Pound, JJ. Dissenting: McLaughlin and Andrews, JJ. Not voting: Hogan, J.  