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ISLER v. STARKE

18 A.D.2d 1027 (1963)

Ronald Isler, an Infant, by Vivian Isler, His Guardian ad Litem, et al., Appellants, v. Morgan B. Starke, Respondent

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

March 25, 1963

Judgment reversed on the law and the facts, without costs, and a new trial granted. Order insofar as appealed from, affirmed, without costs.

On December 7, 1957, at 1:45 A.M., the infant plaintiff, while walking in the direction of traffic, was struck from the rear by defendant's automobile. It was claimed that the infant and his female companion were required to resort to the roadway because of the presence of snow on the...

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