
    Katherine Kavanagh, as Administratrix of the Estate of James Kavanagh, Deceased, Respondent, v. New York, Ontario and Western Railway Company, Appellant, Impleaded with Others.
    
      Negligence — railroads — truck upon uihich intestate was riding struck by train at highway crossing — failure to give warning of approach of train.
    
    
      Kavanagh v. N. Y., Ontario & W. Ry. Co., 196 App. Div. 381, affirmed.
    (Argued March 23, 1922;
    decided April 18, 1922.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 21,1921, unanimously affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. The accident occurred at about eight-forty-five p. M. on December 29, 1914, at a highway grade crossing at Teaneck, N. J. Plaintiff’s intestate, Kavanagh, was employed as helper upon a brewery truck and Otto Garlisch, who was killed at the same time, was employed as driver. The truck was proceeding from west to east upon a highway which crossed the tracks of the railroad at right angles. A passenger train of appellant traveling from north to south struck the truck as it emerged upon the middle track of the three-track crossing. Negligence was charged in that defendant failed to give warning of the approach of its train.
    
      Elbert N. Oakes for appellant.
    
      Edward J. McCrossin for respondent.
   Judgment affirmed, with costs; no opinion.

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