
    Clara Underhill, an Infant, by Helen U. Doll, Her Guardian ad Litem, Respondent, v. Frank Major, Appellant.
    
      Negligence — gasoline service station — injury to passenger in auto* mobile from fire caused by pumping gasoline into tank in close proximity to lighted lantern.
    
    
      Underhill v. Major, 220 App. Div. 173, affirmed.
    (Argued December 6, 1927;
    decided January 10, 1928.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 15, 1927, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, who operated a gasoline service station. It was alleged that his servant or agent pumped gasoline into an automobile tank in such close proximity to a lighted lantern that the gasoline caught fire and plaintiff, a passenger in the automobile, was burned.
    
      Ford White for appellant.
    
      Charles W. Strong for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: "Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  