
    Michael Dunn, Jr., an Infant, by Michael Dunn, Sr., His Guardian ad Litem, Respondent, v. Jacob Ruppert, Appellant.
    
      Bunn v. Ruppert, 166 App. Div. 390, affirmed.
    (Submitted November 29, 1916;
    decided December 15, 1916.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 24, 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 pMntiff through the negligence of the defendant. The complaint alleged that plaintiff while driving a wagon south on Third avenue in the city of New York was thrown therefrom and received the injuries complained óf as a consequence of a collision with one of defendant’s trucks which was being driven north on the wrong side of the street in violation of city ordinances relating to rules of the road.
    • Grant O. Fox for appellant.
    
      William S. Evans, Jacquin Frank and David M. Fink for respondent.
   Judgment affirmed, with costs, under section 1317 of the Code of Civil Procedure; no opinion.

Concur: Chase, Collin, Cuddeback, Hogan, Oardozo and Pound, JJ. Willard Bartlett, Oh. J., votes for reversal on the opinion of McLaughlin, J., below.  