
    THURN v. WILLIAMS et al.
    (Supreme Court, Appellate Term.
    June 22, 1903.)
    1. Master and Servant—Negligence—Respondeat Superior.
    Defendant, while driving his own horse and a wagon borrowed from his codefendant, negligently collided with plaintiff's horse and wagon. At the time, defendant was not in the employment of the codefendant, but was driving on his own account. Melé not to show the relation of master and servant, and therefore the codefendant was not responsible for the accident, notwithstanding the evidence that the codefendant was defendant’s son-in-law; that, after the collision, defendant stated that the horse or wagon, or both, belonged to the codefendant; and that the codefendant, the day after the accident, said he was sorry that it had happened, and that he would settle it in a decent way.
    Appeal from Municipal' Court, Borough of the Bronx, Second District.
    Action by Frank Thurn against James Williams, impleaded with Fred H. Pontin. From a judgment for plaintiff, defendant Williams appeals. Reversed.
    Argued before FREEDMAN, P. J., and GILDERSLEEVE and MacLEAN, JJ.
    John Goode, for appellant.
    Daniel M. Van Cott, for respondent.
   MacLEAN, J.

Judgment against defendant Williams reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.  