CASTRO v. CITY OF NEW YORK


284 A.D. 872 (1954)

Marco Castro, an Infant, by Ricarda Castro, His Guardian ad Litem, et al., Appellants, v. City of New York, Respondent

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

October 13, 1954.


Per Curiam.

There was a conflict in the evidence in this case as to how the accident happened, and the conflict has not been resolved by the decision of the trial court.

It was the infant plaintiff's claim that as he was playing marbles in the roadway of a play street, near the curb, his foot slipped backward and was struck and injured by the rear wheel of defendant's garbage truck proceeding close to where children were playing without sounding its...

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