NORTHROP v. SMITH


37 A.D.2d 1014 (1971)

Robert Northrop, as Administrator of The Estate of Susan J. Northrop, Deceased, Appellant, v. Marjorie Smith, Respondent

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

November 3, 1971


This is an action for the wrongful death of Susan Jane Northrop, an infant aged eight and one-half years, who was struck by defendant's automobile on November 13, 1966 while crossing Route 17 at or near its intersection with Cayuta Avenue in the Village of Waverly, New York. As a result of the accident, the infant died. In our opinion the jury verdict should have been set aside as against the weight of the evidence. On the instant record there is little question that the...

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