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


285 A.D. 898 (1955)

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

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

February 21, 1955.


Judgment reversed on the law and the facts, with costs, and amended complaint dismissed, with costs. The implied finding by the jury that the infant plaintiff was free from contributory negligence is reversed. The implied finding of negligence on the part of defendant is affirmed.

From his own testimony it is clear that this youngster was not non sui juris and realized the danger of going through the open window in the darkness while it was raining. He testified...

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