CASTALDO v. MORTON


18 A.D.2d 1074 (1963)

Frank Castaldo, Jr., an Infant, by Frank Castaldo, Sr., His Guardian ad Litem, et al., Appellants, v. Ward L. Morton et al., Respondents

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

April 1, 1963


Judgment reversed, on the law, with costs to plaintiffs, and a new trial granted.

The infant plaintiff's hand was crushed by a cable reel while he was "hitching" a ride on the back of the defendant Edison Company's truck. His version (which was strongly disputed) was that the defendant Morton, the driver of the truck, "sticked" his head out of the window, shouted "I'll get you off", increased speed, and then turned into the driveway cut in the company's premises;...

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