NAPIEARLSKI v. PICKERING


278 A.D. 456 (1951)

Carol A. Napiearlski, an Infant, by Helen Napiearlski, Her Guardian ad Litem, Respondent, v. De Witt Pickering, Appellant Frank Napiearlski, Respondent, v. De Witt Pickering, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 11, 1951.


Attorney(s) appearing for the Case

Wilbur F. Knapp for appellant.

Grover C. Bradstreet, Jr., for respondents.

Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and WHEELER, JJ.


KIMBALL, J.

In these actions the infant plaintiff and her father sought to recover damages from the defendant in negligence on the ground that his stepson, an infant of tender years, discharged a .22 calibre rifle, striking the infant plaintiff in the arm. The accident occurred in defendant's home and the only witnesses were the two children who told different stories as to what happened. At the time of the trial...

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