
    John Gannon, Respondent, v. Casper D. Hulett, Appellant.
    
      Negligence — motor vehicles — plaintiff struck by automobile upon alighting from trolley car—failure of driver of automobile to give warning or reduce speed — contributory negligence.
    
    
      Gannon v. Hulett, 214 App. Div. 746, affirmed.
    (Argued December 4, 1925;
    decided December 18, 1925.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 2, 1925, 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. Plaintiff was struck by defendant’s automobile after alighting from a trolley car traveling south on the Albany-Troy highway at about dusk. The automobile, approaching from the south, struck the plaintiff after he had taken a few steps toward the sidewalk. It was alleged that there were no lights on the automobile; no warning of any kind was given and its speed was not reduced as it approached the standing trolley car stopped for the purpose of discharging passengers. The defense was contributory negligence.
    
      Thomas H. Guy for appellant.
    
      J. S. Carter for respondent.
   Judgment affirmed, with costs; no opinion.

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