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RAIMONDO v. HARDING

41 A.D.2d 62 (1973)

Joseph Raimondo, Jr., an Infant by Joseph Raimondo, Sr., His Father and Natural Guardian, Appellant, v. Joan D. Harding, Respondent Joseph Raimondo, Sr., Appellant, v. Joan D. Harding, Respondent

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

February 23, 1973.

Attorney(s) appearing for the Case

McDonough, Boasberg, McDonough & Beltz (Russell T. Quinlan of counsel), for appellant.

O'Shea, Adamson, Reynolds & Napier (C. DeForest Cummings, Jr., of counsel), for respondent.

GOLDMAN, P. J., DEL VECCHIO, CARDAMONE and HENRY, JJ., concur.

WITMER, J.

In this negligence action the jury returned a verdict of no cause for action. Plaintiffs appeal upon the sole ground that the Trial Justice erred in refusing to charge the emergency doctrine and its application to the infant plaintiff's conduct. It appears that the court based its refusal upon the ground that the emergency was not one created by the defendant. Although many cases have expressed the...

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