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LUTHER v. NOVACK

20 A.D.2d 549 (1963)

Patricia J. Luther, an Infant, by Her Guardian ad Litem, Robert J. Luther, et al., Appellants, v. Joseph Novack et al., Respondents

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

December 9, 1963

Judgment affirmed, without costs.

No opinion.

Kleinfeld, Acting P. J., dissents and votes to reverse the judgment, and for a new trial, with the following memorandum:

The infant plaintiff was 9½ years of age when the accident occurred. The jury was charged that even "immature children," in the role of plaintiffs, "must always prove themselves free from negligence." In my opinion, this charge was erroneous and prejudicial. It is a...

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