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FOX v. MISSION OF THE IMMACULATE VIRGIN FOR THE PROT. OF HOMELESS & DESTITUTE CHILDREN

309 N.Y. 812 (1955)

Hugh Fox, an Infant, by Agnes O'Rourke, His Guardian ad Litem, et al., Appellants, v. Mission of the Immaculate Virgin for the Protection of Homeless and Destitute Children, Respondent.

Court of Appeals of the State of New York.

Decided October 20, 1955

Attorney(s) appearing for the Case

Julius A. Itzkowitz, Samuel Kolatch and Anton R. Siegal for appellants.

William L. Shumate for respondent.

Concur: DESMOND, FULD, VAN VOORHIS and BURKE, JJ. Dissent: CONWAY, Ch. J., and FROESSEL, J.

Judgment affirmed, without costs; no opinion.

CONWAY, Ch. J., and FROESSEL, J. dissent and vote to reverse upon the ground that the record presents questions of fact which required the submission to a jury of the question of the contributory negligence of the infant plaintiff. Taking no...

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