
    Fourth Department,
    April, 1927.
    Nicholas Berger, an Infant, by Fred Berger, His Guardian ad Litem, Respondent, v. The People’s Ice Company, Appellant.
   Judgment and order reversed on the law and facts and a new trial granted, with costs to appellant to abide event, upon the ground that the evidence of knowledge, either actual or constructive, is insufficient to warrant an inference of invitation, consent or permission by defendant to plaintiff to ride on the wagon; that as to defendant the plaintiff was neither an invitee nor a licensee. All concur. Present — Hubbs, P. J., Sears, Crouch, Taylor and Sawyer, JJ.  