*1 526 MEMORANDA. 243 [Yol. through to the alleged negligence have been occasioned of Intestate was killed as the result of a defendants. an driving between automobile which he was and collision by defendant, driven the of others, two one servant by the other driven a to appellant, defendant, and as at the complaint whom the was dismissed close of the evidence. F. Bright Joseph and Mann for appellant.

John respondent. Lexow for Morton no Judgment affirmed, costs; opinion. with J., Ch. Concur: His Mc- cock, Cardozo, Pound, Laughlin JJ. and Absent: and Crane, Andrews JJ. Lehman,

Brina Applebaum, Appellant, v. Abraham Goldstein,

Respondent. — — Negligence injury resulting motor vehicles action to recover for from plaintiff riding parked collision automobile in which was with car. of App. 756, v. Applebaum Goldstein, 215 Div. affirmed. 1926; (Argued 5,May 25, May 1926.) decided Appeal judgment from a of Appellate the of Division the in Supreme Court the judicial fourth department entered November 30, 1925, affirming in judgment a favor of upon defendant entered a verdict in to an action recover for personal injuries alleged to have been sus- by plaintiff tained through negligence the of defendant. Plaintiff riding while guest as a in defendant’s automobile which being was driven by daughter his as injured was the of result a collision a parked .with car.

J ames M. E. for 0’Grady appellant.

Carlton Shaw and David B. Sugarman respondent. for Judgment affirmed, with no costs; opinion.

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