QUARCINI v. BLACKWELL


10 N.Y.2d 843 (1961)

Joseph Quarcini, Individually and as Guardian ad Litem of Anthony Quarcini, an Infant, Respondent, v. Clara Blackwell, Appellant.

Court of Appeals of the State of New York.

Decided October 19, 1961.


Attorney(s) appearing for the Case

Harry J. Kelly for appellant.

John R. Minicucci for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, BURKE and FOSTER. Judge VAN VOORHIS concurs solely upon the ground that no adequate exception was taken to the instruction to the jury.


Judgment affirmed, with costs, in the following memorandum: The instruction to the jury that a driver of an automobile must exercise "extreme care or caution" when driving on a street where children are playing was concededly erroneous. We affirm, however, in view of the other instructions to the jury and in view of the fact that no adequate exception was taken. The instruction in question was excepted to solely upon the ground, not borne out by the record, that there was...

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