STEIN v. PALISI


283 A.D. 1119 (1954)

Neil Stein, an Infant, by His Guardian ad Litem, Samuel Stein, et al., Respondents, v. Joseph Palisi et al., Individually and as Copartners Doing Business as Palisi Taxi et al., Appellants

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

June 28, 1954.


Judgment reversed on the law and the facts, with costs, and complaint dismissed, with costs.

The infant plaintiff was nineteen months of age at the time of the accident and the evidence was entirely circumstantial. The proof disclosed merely that he was found on the border of a road, bleeding profusely and with his clothes torn, dirty and oil stained, very shortly after a taxi left the spot near where he was found. No other moving vehicle was seen in the vicinity...

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