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RODFORD v. SAMPLE

30 A.D.2d 588 (1968)

Mary L. Rodford, an Infant, by Marilyn Berry, Her Guardian and Next Friend, Appellant, v. James Sample et al., Respondents

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

May 20, 1968

AULISI, J.

The infant plaintiff was 12 years of age on June 23, 1964 and was visiting her grandmother in Rensselaer, New York. She and a playmate heard the defendant Schumacher's ice cream vending truck at about 10:30 P.M. and decided to go for ice cream. The truck was well lighted and parked at an angle away from the curb on the east side of Broadway. When the girls arrived at the west side of Broadway, they crossed the street to where defendant Schumacher...

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