SENECAL v. DROLLETTE


304 N.Y. 446 (1952)

Lawrence Senecal, an Infant, by John Senecal, His Guardian ad Litem, Appellant, v. James Drollette, Respondent. John Senecal, Appellant, v. James Drollette, Respondent.

Court of Appeals of the State of New York.

Decided October 23, 1952


Attorney(s) appearing for the Case

John P. Judge for appellants.

William J. Herron for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DYE, FULD and FROESSEL, JJ., concur.


DESMOND, J.

The infant plaintiff, crossing a rural highway at night, was struck and injured by an automobile which, the complaint alleged, had been negligently driven by defendant. Defendant denied the occurrence but, in his testimony, admitted that his car had, at about the time and place of plaintiff's injury, come into collision with some object. Plaintiff's first burden of proof, therefore, was to identify...

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