
    Ralph R. Miller, Appellant, v. Erie Railroad Company, Respondent.
    
      Negligence — railroads — trespass — when trespasser upon railroad property injured by backing train may not recover.
    
    
      Miller v. Erie R. R. Co., 178 App. Div. 949, affirmed.
    (Argued October 11, 1922;
    decided October 27, 1922.)
    Appeal from a judgment, entered May 18, 1917, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing 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, while standing upon defendant’s tracks watching a fire, was struck by a backing train and received the injuries complained of. It was held that plaintiff was a trespasser and that the evidence did not justify a finding that the defendant wantonly, willfully or recklessly operated its train, resulting in plaintiff’s injury.
    
      Hamilton Ward for appellant.
    
      John W. Ryan for respondent.
   Judgment affirmed, with costs; no opinion.

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