GOODMAN v. GILLIGAN


280 A.D. 767 (1952)

George W. Goodman, as Administrator of The Estate of Lawrence S. Goodman, Deceased, Appellant, v. Thomas P. Gilligan et al., Respondents

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

June 17, 1952.


Per Curiam.

The trial of this action presented a sharp question of fact concerning whether plaintiff's intestate, a boy three and one-half years old, ran out from a parked vehicle into the side of defendants' automobile, or whether he had been playing in the center of the street for a sufficient length of time so that in the exercise of reasonable care, the driver should have seen the child and avoided the accident.

The trial court instructed the jury...

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