
    John Jordan, Respondent, v. Union Ferry Company of New York and Brooklyn, Appellant.
    
      Negligence — ferries — truck driver injured through breaking of gangplank over which he was driving to board ferry.
    
    
      Jordan v. Union Ferry Co. of N. Y. & Brooklyn, 207 App. Div. 855, affirmed.
    (Argued April 4, 1924;
    decided May 13, 1924.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department entered November 7, 1923, unanimously 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. On October 15, 1920, at about six o’clock in the evening, this plaintiff, who was a truck driver, drove his truck into the entrance of the defendant’s ferry slip on the New York side, paid the ferry charges to the defendant’s employee stationed there and started down the slip toward the ferryboat. Plaintiff was sitting on the seat of his truck with his feet on the dashboard. The seat was stationary. At that time the ferryboat was about a foot higher than the ferry slip and a gangplank or brow was placed between the ferryboat and the ferry slip. When the front wheels of plaintiff’s truck touched this gangplank, it broke, and the wheels went through it and hit the edge of the boat, throwing plaintiff off the seat and in between the horses of his truck inflicting the injuries complained of.
    
      George P. Hotaling for appellant.
    
      Philip A. Brennan, George W. Matheson, Beatrix Kimmelmann and W. Rossiter Redmond for respondent.
   Judgment affirmed, with costs; no opinion.

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