JOHNSON v. MATTUS


10 A.D.2d 259 (1960)

Willie Johnson, an Infant, by Jessie M. Johnson, His Guardian ad Litem, et al., Respondents, v. Rose Mattus, Individually and Doing Business under the Name of Colony Ice Cream Co., et al., Appellants

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

April 12, 1960.


Attorney(s) appearing for the Case

James A. Doherty for appellants.

Benjamin H. Siff of counsel (Irving Nitzberg, attorney), for respondents.

BOTEIN, P. J., RABIN, M. M. FRANK and VALENTE, JJ., concur; STEVENS, J., dissents and votes to affirm.


Per Curiam.

Defendants appeal from a judgment in favor of the infant plaintiff for personal injuries and of the adult plaintiff for loss of services after a trial before a court without a jury.

At the trial it was claimed by plaintiffs that the infant — who was then seven years old — was injured on the afternoon of April 24, 1957 when he was struck by a truck — owned, controlled and driven, respectively, by the defendants —...

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