Opinion
October 31, 1949.
Present — Nolan, P.J., Carswell, Johnston, Adel and MacCrate, JJ.
Action to recover damages for conscious pain and suffering, and wrongful death, arising out of a collision between a truck in which plaintiff's intestate was riding and a parked truck owned by defendant Sacco, under the control of defendant Sheridan, and allegedly leased to defendant Shawmut Transportation Co., Inc. The defendants' motions to dismiss the complaint, made at the end of the entire case, were granted, and plaintiff appeals from the amended judgment entered thereon. Amended judgment unanimously affirmed, with costs. Plaintiff failed to establish that the accident was due to any negligence on the part of the defendants and, consequently, the complaint was properly dismissed.