
    Charles Campbell, Respondent, v. Arthur L. D. Warner, Appellant.
    
      Negligence — master and servant — motor vehicles — pedestrian struck and injured by automobile while crossing street — owner nof liable where chauffeur was at the time using automobile for his own purposes without master’s consent.
    
    
      Campbell v. Warner, 200 App. Div. 888, reversed.
    (Argued December 12, 1922;
    decided January 9, 1923.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 1, 1922, 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 defendant. Plaintiff was struck and injured by defendant’s automobile while crossing Eighth avenue near Fifty-fourth street in the city of New York. -Defendant resided on Eighty-ninth street, the car was kept at Eighty-fourth street and Broadway. On the day of the accident he arrived at his home in his car about five-thirty p. m. and directed his chauffeur to return at nine-thirty p. m. The chauffeur, without permission of his master, drove the automobile to his own home and from there to Twenty-sixth street on his own business. On his way uptown again at about seven p. m. the accident happened.
    
      Frederick Snow Kellogg and Charles Snow Kellogg for appellant.
    ' Charles B. O’Connor and George L. Donnellan for respondent.
   Judgments reversed and complaint dismissed, with costs in all-courts, on authority of Der Ohannessian v. Elliott (233 N. Y. 326) and Fiocco v. Carver (234 N. Y. 219).

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