Little v. Cowdin — 243 N.Y. 525

p. 525

Raymond D. Little, as Administrator of the Estate of Eugene D. Little, Deceased, Respondent, v. John E. Cowdin, Appellant, Impleaded with Another.

(Argued May 5, 1926;

decided May 25, 1926.)

Headnote

Negligence — motor vehicles ■— action for death resulting from collision of automobile.

Little v. Cowdin, 214 App. Div. 736 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 10, 1925, unanimously affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate

p. 526

alleged to have been occasioned through the negligence of defendants. Intestate was killed as the result of a collision between an automobile which he was driving and two others, one driven by the servant of defendant, appellant, and the other driven by a defendant, as to whom the complaint was dismissed at the close of the evidence.

Judgment affirmed, with costs;

John Bright and Joseph F. Mann for appellant.

Morton Lexow for respondent.

no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin and Crane, JJ. Absent: Andrews and Lehman, JJ.