LERNER v. MORRIS


283 A.D. 885 (1954)

Richard Lerner, an Infant, by Max Lerner, His Guardian ad Litem, et al., Respondents, v. Benjamin B. Morris, Appellant

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

April 12, 1954.


Judgment insofar as it is in favor of the infant plaintiff reversed on the law and the facts, the action severed, and a new trial granted, with costs to abide the event.

In all other respects the judgment is unanimously affirmed, without costs. The defendant's automobile, driven by his employee, mounted the sidewalk, dragged the carriage or stroller in which the infant plaintiff, a two and one-half year old boy, was sitting, and caused the boy to fall down a cellar...

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