BETANCOURT v. WILSON


3 A.D.2d 465 (1957)

Donald Betancourt, an Infant, by Michael Betancourt, His Guardian ad Litem, et al., Respondents, v. Harry Wilson, Appellant

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

May 7, 1957.


Attorney(s) appearing for the Case

Joseph F. Lenihan of counsel (Frederick Mellor, attorney), for appellant.

Saul I. Radin of counsel (Harry Harris with him on the brief; Julian A. Hertz, attorney), for respondents.

PECK, P. J., BREITEL, BOTEIN and RABIN, JJ., concur in Per Curiam opinion; BERGAN, J., dissents in opinion.


Per Curiam.

On this record, the finding of negligence on the part of defendant was against the weight of the evidence and, furthermore, the testimony of infant plaintiff and his friends establishes that the infant plaintiff must have been guilty of contributory negligence as a matter of law. Since none of plaintiff's witnesses claims to have seen defendant's automobile before it struck the infant plaintiff, although...

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