Order reversed on the law, without costs; motions by defendant Sicilian Asphalt Paving Co. to dismiss the complaint and to direct a verdict in its favor granted; and judgment directed for defendant dismissing the complaint, without costs. No questions of fact were considered.
In crossing a street at an intersection, during or following his participation in a game of tag, the 13-year-old infant plaintiff was injured as he walked or trotted close to one of four smudge...
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