NEILL v. JODUM CAB CORP.


38 A.D.2d 562 (1971)

Patricia Neill, an Infant, by Her Natural Guardian, John Neill, et al., Appellants, v. Jodum Cab Corporation et al., Respondents

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

December 6, 1971


Judgment reversed, on the law, and new trial granted, with costs to appellants.

The questions of fact have not been considered. The testimony of the parties as to how the accident occurred is conflicting. Plaintiffs claim that the infant plaintiff, nine years old at the time of the accident, was struck by defendants' taxicab while trying to get up after having fallen in the road while crossing the street. Defendants claim that the infant ran out from between two parked...

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