Baker v. Dingwell Bros.

Headnote

Negligence — motor vehicles — collision of two automobile trucks — action to recover for death of boy who, riding on one of trucks without permission, was thrown therefrom and killed.

Baker v. Dingwell Bros., Inc., 208 App. Div. 834 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 7, 1924, unanimously affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. The plaintiff’s intestate was riding without permission upon an automobile truck owned by the defendant Franklin Office Furniture Company. This truck and another owned by the defendant Dingwell Bros., Inc., collided at the intersection of Eighth avenue and Four

teenth street, in the borough of Brooklyn, city of New York, the plaintiff’s intestate was thrown to the street. and thereafter run over by the truck belonging to the defendant, appellant, and as a. result of the injuries sustained died.