DE JOSEPH v. GUTEKUNST


13 A.D.2d 223 (1961)

Mario De Joseph et al., Appellants, v. William A. Gutekunst, Respondent

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

May 18, 1961.


Attorney(s) appearing for the Case

Frederick M. Marshall (John F. Canale of counsel), for appellants.

Gleason, Fitzpatrick, O'Connor & O'Brien (Lawrence H. Wagner of counsel), for respondent.

Present — WILLIAMS, P. J., GOLDMAN, HALPERN, McCLUSKY and HENRY, JJ.


Per Curiam.

The plaintiffs appeal from a judgment of dismissal entered upon a jury verdict of no cause of action.

The plaintiff wife had brought her car to a stop on a town highway, on May 1, 1956, for the purpose of picking up the family dog. The children in the car tried to coax the dog to come into the car. One of the children had just jumped out of the car to get the dog when the car was struck in the rear...

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