Majority
p. 568Alphonse Malkowski, an Infant, by Frank Malkowski, His Guardian ad Litem, et al., Appellants, v. Cataldo Diasparra et al., Respondents. Argued May 15, 1947; decided July 2, 1947.
p. 569
Bernard Meyer son and Frank A. Jablonka for appellants.
Barant L. Visscher, Joseph 8. McCann and Wilfreda B. Stone for respondents.
Judgment of Appellate Division reversed and that of Trial Term affirmed, with costs in this court and in the Appellate 'Division, upon the ground that it was properly left to the jury to determine whether, at the time of the injuries sustained by the infant plaintiff by reason of the alleged negligence of Cataldo Diasparra in operating an automobile, the relation
p. 570
between them was that of master and servant or operator and passenger. No opinion.
Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacher, Dye and Fuld, JJ.