
    Patrick La Hart, as Administrator of the Estate of Anna La Hart, Deceased, Respondent, v. The City of New York, Appellant, Impleaded with Others.
    
      Negligence — streets—New York city — municipal corporations — death of passer-by from being struck by falling limb of tree.
    
    
      La Hart v. City of New York, 220 App. Div. 713, affirmed.
    (Argued November 30, 1.927;
    decided December 16, 1927.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 25, 1927, 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 defendants. Intestate while passing along West Two Hundred and Thirty-ninth street in the city of New York was struck by a falling limb which broke from a tree on the side of the street and received injuries from which she died.
    
      George P. Nicholson, Corporation Counsel (Elliot S. Benedict and J. Joseph Lilly of counsel), for appellant.
    
      David Vorhaus and Joseph Fischer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and Kellogg, JJ. Not sitting: O’Brien, J.  