RAMIREZ v. PERLMAN


284 A.D. 82 (1954)

Alfred Ramirez, an Infant, by His Guardian ad Litem, Ralph Ramirez, et al., Appellants, v. Morris Perlman, Individually and Doing Business as Stellins Tool & Die Co., Respondent

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

May 11, 1954.


Attorney(s) appearing for the Case

Alfred S. Julien of counsel (Martin Moser, attorney), for appellants.

Joseph J. Brophy of counsel (Desmond T. Barry and Edward A. Shandell with him on the brief; Cotter & Carey, attorneys), for respondent.

COHN, BASTOW and BERGAN, JJ., concur with CALLAHAN, J.; PECK, P. J., dissents and votes to affirm, in opinion.


CALLAHAN, J.

On November 10, 1949, on East 161st Street, in The Bronx, New York City, the infant plaintiff, then nine years of age, was run over and seriously injured by defendant's automobile. He suffered, among other injuries, a severe fracture of the skull, with manifestations of resulting brain damage.

The jury found a verdict for defendant, and upon this appeal the question presented is whether there...

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