
    William Augustine, as Administrator of the Estate of Bernard Augustine, Deceased, Respondent, v. Frank Marchewka, Appellant.
    
      Negligence — motor vehicle — boy struck and killed by automobile while crossing street.
    
    
      Augustine v. Marchewka, 202 App. Div. 765, affirmed.
    (Argued December 6, 1922;
    decided January 9, 1923.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 5, 1922, 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 defendant. The intestate, a boy thirteen years of age, while crossing Third avenue in the city of Schenectady, was struck and killed by defendant’s automobile. The complaint alleged that defendant was driving without keeping a proper lookout and without proper headlights, at an excessive rate of speed on the wrong side of the highway, and failed to give warning of his approach.
    
      P. C. Dugan for appellant.
    
      W. A. Fullerton for respondent.
   Judgment affirmed, with costs; no opinion.

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