Bedell v. New York Sand & Facing Co. — 186 A.D. 899

Majority

p. 899

Second Department,

November, 1918.

William Bedell, Appellant, v. New York Sand and Facing Company, Respondent.

Headnote

Negligence — injury to trespasser.

Appeal by plaintiff from a judgment of the Supreme Court, entered in the office of the clerk of Kings county July 19, 1918, for seventy dollars and ninety-five cents costs, and dismissing the complaint at the close of plaintiff’s ease.

The defendant is not shown to have failed in any duty towards the plaintiff, who was riding on a sand truck then in defendant’s employ. The driver of the truck, however, had no authority to let the plaintiff ride on the load, and plaintiff’s subsequent fall therefrom raised no liability as against defendant. (See Goldberg v. Borden’s Condensed Milk Co., 185 App. Div. 222 , decided herewith.) The judgment appealed from is, therefore, affirmed, with costs. Jenks, P. J., Putnam, Blackmar and Kelly, JJ., concurred; Jaycox, J., dissented. Judgment affirmed, with costs.