
    Charles P. Rogers, Respondent, v. Knickerbocker Ice Company, Appellant, Impleaded with Another.
    
      Rogers v. Knickerbocker Ice Co., 171 App. Div. 912, affirmed.
    (Argued October 16, 1918;
    decided November 12, 1918.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 8, 1915, 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 was a Workman employed by the Third Avenue Railroad Company. He was working in a shallow excavation on Third avenue, between Twenty-ninth and Thirtieth streets, when a collision took place between a car of the Third Avenue Railroad Company and an ice wagon belonging to the defendant, which threw the wagon into the excavation and upon the plaintiff causing the injuries complained of.
    
      Frederick M. Thompson and Frank R. Savidge for appellant.
    
      Lowen Edward Ginn and Thomas F. O’Sullivan for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Hogan, Cardozo. and Pound, JJ. Not sitting: McLaughlin, J. Absent: Andrews, J,  