The theory of the plaintiff’s case was, and the court charged, that the defendant Buick. Motor Company was not liable except *764for the negligence of G-rounsell. The verdict of the jury established that G-rounsell was not negligent. The judgment against appellant is contrary to the law of the case, and cannot stand. (People v. Munroe, 119 App. Div. 704; 190 N. Y. 435.) I favor reversal.
Judgment affirmed, with costs.