LONDON v. SMITH-CAIRNS MOTOR SALES CO., INC.


23 A.D.2d 657 (1965)

Elaine London, an Infant, by her Guardian ad Litem, Leon London, et al., Appellants, v. Smith-Cairns Motor Sales Company, Inc., et al., Respondents

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

March 30, 1965


Judgment for defendants affirmed, with $50 costs to defendants-respondents.

This personal injury case has been tried twice. Despite sympathetic factors in plaintiffs' favor it is quite clear that on the facts the infant plaintiff could not and should not prevail. And neither of the two juries who heard the case found in her favor. Unfortunately, the court in this trial injected himself into the proceedings to an extent that constituted error. In a close or doubtful...

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