Judgment reversed, on the law, and new trial granted, with costs to abide the event.
The findings of fact have not been considered. On April 28, 1962, the infant plaintiff, then five years old, was riding her bicycle on Grand Boulevard, in the Town of Islip, when she was struck by an automobile driven by defendant. In view of the infant plaintiff's age at the time of the accident, it was prejudicial error for the trial court to charge the jury that she had a duty...
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