BRADY v. VILL. OF HERKIMER


3 A.D.2d 974 (1957)

Shelia R. Brady, an Infant, by David Brady, Her Guardian ad Litem, Respondent, v. Village of Herkimer, Appellant

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

May 8, 1957


Judgment and order reversed on the law and facts, without costs of this appeal to either party, and a new trial granted.

Memorandum:

The plaintiff failed to prove any negligence on the part of the defendant or its employees which was the proximate cause of the infant's injuries. The latter claims that her fall was caused by a crack in the ice but no proof was furnished as to the size or nature thereof or the length of time it had existed. In this court an...

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