
    Emory B. Remington, Respondent, v. Shults Bread Company, Appellant.
    
      Remington v. Shults Bread Co., 165 App. Div. 933, affirmed.
    (Argued November 21, 1917;
    decided December 11, 1917.)
    Appeal from a judgment-of the Appellate Division of the Supreme Court in the second judicial department, entered December 4, 1914, affirming 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 the defendant. The complaint alleged that at or about the intersection of Twenty-sixth street with the westerly side of Broadway, New York city, defendant’s servant negligently drove a horse and wagon against the plaintiff and knocked him down, causing the injuries complained of. The answer raised the general issue, and alleged that whatever injuries plaintiff suffered were caused either by his own negligence or that of some person over whom defendant had no control, and for whose acts defendant was not responsible.
    
      Lowen Edward Ginn and William Butler for appellant.
    
      Arnon L. Squiers and William M. Seabury for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Cuddeback, Hogan, Pound, McLaughlin and Andrews, JJ.  