BERG v. TOWN OF HUNTINGTON


32 A.D.2d 549 (1969)

Margaret A. Berg, an Infant, by Robert Berg, Her Guardian ad Litem, et al., Appellants, v. Town of Huntington, Respondent, et al., Defendant

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

April 21, 1969


Judgment affirmed, without costs.

The infant plaintiff was injured when an automobile in which she was a passenger, driven by her mother, struck a tree after rounding a curve. The tree was about three feet from the edge of the paved portion of the road. The testimony of plaintiffs' expert witness established that the road was safe at the speed at which the car was being driven; and the negligence of the mother in the operation of the vehicle was conceded. Although...

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