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NAUMANN v. LEHMAN

1 A.D.2d 820 (1956)

William Naumann, an Infant, by His Guardian ad Litem, Gertrude Naumann, et al., Respondents, v. I. Howard Lehman et al., as Trustees of The Surface Transportation Corporation of New York, Appellants, et al., Defendant

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

February 24, 1956

Judgment unanimously reversed, with costs, the complaint dismissed and judgment is directed to be entered in favor of defendants dismissing the complaint herein, with costs.

The infant plaintiff's contributory negligence was concurrent with any negligence of defendants and continued up to the time of the accident. There was no inextricable peril in which the infant plaintiff was involved. He could have released himself at will from the danger he created and

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