
    JOHN P. NOONAN, PLAINTIFF IN ERROR, v. CONSOLIDATED TRACTION COMPANY, DEFENDANT IN ERROR.
    Argued March 7, 1900
    Decided June 18, 1900.
    "When a person receives injury by collision with, a car while riding by invitation and without hire, in a carriage driven and owned by another, the negligence of the driver is not imputable to him.
    On error to the Supreme Court.
    For the plaintiff in error, Thomas F. Noonan, Jr.
    
    For the defendant in error, Vredenburgh & Garretson.
    
   The opinion of the court was delivered by

Van Syckel, J.

This is a suit for damages for personal injury received by the plaintiff in collision with a trolley car of defendant company while he was riding, by invitation and without hire, in a carriage owned and driven by Ralph Earle.

The trial j udge nonsuited the plaintiff by imputing to him the negligence of the driver.

This was error, as has been held in Consolidated Traction Co. v. Hoimark, recently decided by this court and reported in 31 Vroom 456. See, also, New York, Lake Erie and Western Railroad Co. v. Steinbrenner, 18 Id. 161.

The judgment below should be reversed.

For affirmance—Ludlow. 1.

For reversal—Magie (Chancellor), Depue (Chief Justice), Van Syckel, Dixon, Garrison, Gummere, Collins, Bogert, Hendrickson, Adams, Voorhees. 11.  