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SMITH v. HEARST CONSOL. PUBL'N, INC.

14 A.D.2d 561 (1961)

Linda Smith, an Infant, by Thomas J. Smith, Her Guardian ad Litem, et al., Respondents, v. Hearst Consolidated Publications, Inc., et al., Appellants

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

July 5, 1961

The infant plaintiff sustained injuries when she was struck on the forehead and thrown to the sidewalk by a hand truck owned by the corporate defendant and operated by the individual defendant. It is claimed that the infant's injuries included damage to the brain with a marked personality change.

Judgment reversed on the facts and new trial granted, with costs to abide the event, unless, within 20 days after entry of the...

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