
    Rudolph Braun, an Infant, by William Braun, His Guardian ad Litem, Respondent, v. William R. H. Martin et al., Doing Business under the Name of Rogers, Peet & Company et al., Appellants.
    (Argued December 1, 1914;
    decided December 15, 1914.)
    
      Braun v. Martin, 157 App. Div. 914, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 28, 1913, affirming a judgment in favor of plaintiff entered upon a verdict in ah action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of the driver of a motor truck hired by the defendants. The question at issue was as to whether the driver was in the employ ©f the defendants or of the company from which the truck was hired.
    
      I. R. Oeland for appellants.
    
      Ogden L. Mills and Edward U. Roth for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Collin, Cuddeback, Miller and Cardozo, JJ. Dissenting: Willard Bartlett, Ch. J. Absent: Werner, J.  