SCHWARTZ v. PETFIELD


283 A.D. 845 (1954)

Linda A. Schwartz, by Otto Schwartz, Her Guardian ad Litem, Appellant, v. George Petfield, Respondent

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

March 3, 1954.


Judgment reversed on the facts and a new trial granted, with costs to the appellant to abide the event.

Memorandum:

The evidence discloses that defendant in backing his truck first to the east and then to the south through a driveway where the infant plaintiff was standing, failed to exercise care commensurate with the circumstances. Although the defendant was well aware that this child, seventeen months old, and other children, all invitees upon his premises...

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