
    John Connell, an Infant, by Arthur J. Connell, His Guardian ad Litem, Respondent, v. Anna Berland et al., Appellants.
    
      Negligence — motor vehicles ■— child sitting on sidewalk struck by automobile left on opposite side of street, and which started, crossed street and mounted curb — defense that car was started by other children.
    
    
      Connell v. Berland, 223 App. Div. 234, affirmed.
    (Argued June 15, 1928;
    decided July 19, 1928.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 6, 1928, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained through the negligence of defendant. The complaint alleged that plaintiff while sitting upon the sidewalk against a building was struck by an automobile owned by defendant Anna Berland and operated by defendant Charles L. Berland which he had left with the engine running on the opposite side of the street and which started, crossed the street and mounted the curb: Defendants contended that the automobile was left with the engine stopped, with the gears in neutral, with the switch turned off, with the ignition locked, though the key was not removed from the lock, with the emergency brake set and with the wheels turned to the curb, and that while the driver was in a certain store the car was started by certain children and that he was not guilty of any negligence.
    
      F. A. W. Ireland for appellants.
    
      Andrew Wilson, Jr., and John R. Lazenby for respondent.
   Judgment affirmed, with costs; no opinion.

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