
    SAUER v. INTERURBAN ST. RY. CO.
    (Supreme Court, Appellate Term.
    June 23, 1904.)
    1. Steeet Railways—Collision with Wagon on Tback—Contbibtjtory Negligence oe Dbiveb.
    In an action against a street railway company for injuries to a wagon struck by a car, evidence held to show the driver guilty of contributory negligence.
    Appeal from Municipal Court, Borough of Manhattan, Fourth District.
    Action by August Sauer against the Interurban Street Railway Company. From a j'udgment for defendant, plaintiff appeals. Affirmed. Argued before FREEDMAN, P. J„ and MacREAN and SCOTT, JJ.
    Max Schleimer, for appellant.
    Henry W. Goddard and William E. Weaver, for respondent.
   MacLEAN, J.

An employe of the plaintiff, driving northerly in a covered wagon, with back obstructed by a leather curtain, and on the easterly track of the defendant, for about the distance of a block, unnecessarily, without looking back, • and being struck in the rear by a north-bound car as he was turning to the southwest corner of Twelfth street and said avenue, the owner may not complain for damages to his property, for his driver was negligent. Hill v. Met. St. Ry. Co., 30 Misc. Rep. 440, 62 N. Y. Supp. 596. The complaint was properly dismissed. Reynolds v. Larchmont Horse R. Co., 83 App. Div. 189, 82 N. Y. Supp. 185.

Judgment affirmed, with costs. All concur.  