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SCHUCK v. RAO ELEC. EQUIP. CO.

21 Misc.2d 290 (1959)

George R. Schuck, an Infant, by His Guardian ad Litem, George Schuck, et al., Respondents, v. Rao Electrical Equipment Co., Inc., et al., Appellants.

Supreme Court, Appellate Term, First Department.

November 25, 1959.

Attorney(s) appearing for the Case

George J. Conway and E. Nicholas Pinto for appellants.

Edward A. Bailey and Anthony J. Randolph for respondents.

Concur — STEUER, J. P., AURELIO and TILZER, JJ.

Per Curiam.

The answers the infant (seven years of age at time of accident and nine years of age at time of trial) gave on direct and cross-examination constituted evidence and went beyond the mere making of a statement, as the trial court believed. Not having been sworn because of tender age, his testimony was not admissible and constituted reversible error. Nor can it be said upon the record presented that it is...

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