
    Otto Kunze, an Infant, by Fred Kunze, His Guardian ad Litem, Respondent, v. The Pictorial Review Company, Appellant.
    
      Negligence — motor vehicles — boy seven years of age running in street struck by automobile approaching from behind.
    
    
      Kunze v. Pictorial Review Co., 218 App. Div. 829, affirmed.
    (Argued October 20, 1927;
    decided November 22, 1927.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 9, 1927, modifying and affirming as modified 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, a boy seven years old, while running diagonally across Forty-first street near Tenth avenue in the city of New York was struck by defendant’s automobile approaching from his rear. There was evidence that defendant’s chauffeur had a clear view of the boy for at least one hundred feet but made no attempt to check or stop his car.
    
      George F. Hickey, Henry L. Ughetta and William Butler for appellant.
    
      Otto D. Parker for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and O’Brien, JJ. Not sitting: Kellogg, J.  