Cloud v. Martin

■ In an action in negligence, the plaintiff was a passenger in defendants’ automobile. His complaint alleges negligent operation by the defendant driver, causing the automobile to strike another vehicle, resulting in personal injuries to plaintiff. Defendants answered and served a third party complaint on the appellant, under section 193-a of the Civil Practice Act, alleging that the appellant had loaded lumber on to the defendants’ automobile in such a way that parts of it projected over the side of the automobile, without the defendant driver’s knowledge; that upon leaving appellant’s…