
    James J. Patane, Appellant, v. United Traction Company, Respondent.
    (Argued May 6, 1926;
    decided May 25, 1926.)
    
      Negligence — motor vehicles — motor truck damaged by collision with trolley car — contributory negligence of driver.
    
    
      Patañe v. United Traction Co., 213 App. Div. 537, affirmed.
    Appeal from a judgment, entered July 17, 1925, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The action was brought to recover damages to an automobile truck owned by plaintiff as the result of a collision with a trolley car of the defendant at the intersection of Western avenue and Euclid avenue, in the city of Albany. It appeared that the accident happened in the daytime and that the driver of the truck could see the car approaching when thirty feet from the track. He testified that he was looking all the while and thought he had plenty of time. The Appellate Division held him to be guilty of contributory negligence.
    Judgment affirmed, with costs;
    
      Henry J. Crawford for appellant.
    
      J. Stanley Carter and Charles P. Jones for respondent.
   no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin and Lehman, JJ.

Dissenting: Crane, J. Absent: Andrews, J.  