KATONA v. JENNINGS


3 A.D.2d 642 (1956)

Valerie Katona, an Infant, by Marion Katona, Her Guardian ad Litem, et al., Appellants, v. Victoria Jennings, Respondent

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

December 20, 1956


Per Curiam.

Upon the record before us we are not certain upon what theory or theories of negligence the case was tried. Nor does the record disclose that either the court or counsel was entirely clear upon the issues. It has been suggested that there may be separate and distinct grounds of liability predicated upon the acts or omissions of the defendant both before and after the accident. However, we do not decide this question for the reason we believe a new...

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