HILTS v. WINKLER


29 A.D.2d 822 (1968)

Donald L. Hilts, Sr., as Administrator of The Estate of Donald L. Hilts, Jr., Deceased, Appellant, v. Herbert L. Winkler, Respondent

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

February 20, 1968


Per Curiam.

At 9:15 A.M. on July 11, 1966 Donald Hilts, Jr., aged approximately 5½ was fatally injured when the right rear wheels of respondent's 3½ ton stake truck passed over his body as he was playing in front of his home. The uncontradicted testimony of the only eyewitness was that Donald was squatting on the lawn near the westerly driveway playing with a toy when respondent, who was returning empty milk...

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