CONNELLY v. WHEATON


59 Misc.2d 257 (1969)

William Connelly, by His Father and Natural Guardian, Edwin Connelly, et al., Plaintiffs, v. Robert Wheaton et al., Defendants.

Supreme Court, Trial and Special Term, Dutchess County.

April 2, 1969


Attorney(s) appearing for the Case

Roy L. Featherstone and Thomas F. Vasti, Jr., for plaintiffs. McCabe & McCabe (Joseph McCabe of counsel), for defendants.


LEONARD J. SUPPLE, J.

In this negligence cause of action plaintiffs move for summary judgment.

On August 5, 1965, the infant defendant discharged a pellet from an air rifle which pellet struck the infant plaintiff in the eye. The defendant Robert Wheaton, the infant defendant's father, had given the air rifle to the infant defendant some months before the incident.

At his examination before trial, the infant plaintiff testified that the...

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