
    Nicholas Flynn, Respondent, v. Bradley Contracting Company, Appellant.
    (Argued May 15, 1917;
    decided June 5, 1917.)
    
      Mynn v. Bradley Contracting Co., 166 App. Div. 920, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 22, 1915, 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 the defendant. At the time of the accident plaintiff was in the employment of the defendant, which was engaged in constructing a section of the Lexington avenue subway between Eighty-second and Eighty-fourth streets, in the borough of Manhattan, New York city. While in the subway he was struck from behind by a car which had broken away from the men in charge of it.
    
      Frederick L. C. Keating and Joseph A. Corbett for appellant.
    
      Robert A. Kutschbock and Albert B. Quencer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Hogan, Pound, Crane and Andrews, JJ.  