
    Charles E. Olson, Respondent, v. Metal Package Corporation of New York, Appellant.
    (Argued May 14, 1925;
    decided June 9, 1925.)
    
      Negligence — injury to motorman of a trolley car through collision with motor truck.
    
    
      Olson v. Metal Package Corporation of New York, 211 App. Div. 848, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 13, 1925, modifying and affirming as modified 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. Plaintiff, a motorman on a trolley car, received the injuries complained of as the result of a collision between his car and a motor truck belonging to defendant. The trolley car was proceeding easterly on Tremont avenue, borough of The Bronx and had come to' a stop at Mapes avenue. The defendant’s truck was also eastbound and while the trolley car was at or immediately near Mapes avenue, passed on the left and then endeavored to turn to the southeast to get upon the track ahead of the trolley car, and crashed into the left side of the front vestibule.
    
      Charles H. Tuttle and William B. Roulstone for appellant.
    
      Thomas J. O’ Neill and Leonard F. Fish for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  