
    John P. Baker, as Administrator of the Estate of John P. Baker, Jr., Deceased, Respondent, v. Dingwell Bros., Inc., Appellant, Impleaded with Another.
    
      Negligence — motor vehicles — collision of two automobile trucks — action to recover for death of boy who, riding on one of trucks without permission, was thrown therefrom and killed.
    
    
      Baker v. Dingwell Bros., Inc., 208 App. Div. 834, affirmed.
    (Submitted October 15, 1924;
    decided November 25, 1924.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 7, 1924, 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 plaintiff’s intestate was riding without permission upon an automobile truck owned by the defendant Franklin Office Furniture Company. This truck and another owned by the defendant Dingwell Bros., Inc., collided at the intersection of Eighth avenue and Fourteenth street, in the borough of Brooklyn, city of New York, the plaintiff’s intestate was thrown to the street. and thereafter run over by the truck belonging to the defendant, appellant, and as a. result of the injuries sustained died.
    
      Julian S. Eaton, Martin B. Paris and William M. Richardson for appellant.
    
      G. Everett Hunt, Maurice Brandt and Julius B. Baer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Pound, Crane and Lehman, JJ. Dissenting: Hiscock, Ch. J., McLaughlin and Andrews, JJ.  