
    George R. Martin, an Infant, by James W. Martin, His Guardian ad Litem, Respondent, v. The City of New York, Appellant. James W. Martin, Respondent, v. The City of New York, Appellant.
    (Argued May 7, 1926;
    decided May 25, 1926.)
    
      Negligence — streets— New ’ York city — municipal corporations — action to recover for personal injuries from fall caused by catching foot in hole in sidewalk.
    
    
      Martin v. City of New York (2 eases), 215 App. Div. 405, affirmed.
    Appeal, in each of the above-entitled actions, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 17, 1926, affirming a judgment in favor of plaintiff entered upon a verdict. The first action was to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. The second action, by the father of the plaintiff in the first, was to recover for expense and loss of services arising from such injuries. The infant plaintiff, about ten years eight months old, while playing tag with other boys in One Hundred and Fifty-second street, borough of The Bronx, city of New York, ran up on the sidewalk, about 115 feet west of Melrose avenue, when his left foot went into a hole, causing him to lose his balance and trip or fall over a pipe sticking up out of the sidewalk, throwing him into an excavation at the side of the walk and causing the injuries complained of,
    
      Judgment in each case affirmed, with costs;
    
      George P. Nicholson, Corporation Counsel (John P. O’Brien, Elliot S. Benedict and Charles C. Marrin of counsel), for appellant.
    
      Martin E. Burke and Samuel F. Moran for respondent.
   no opinion.

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

Dissenting: McLaughlin, J. Absent: Andrews, J.  