STORY v. HOWES


41 A.D.2d 925 (1973)

Albert Story, an Infant, by Olga Story, His Mother and Natural Guardian, et al., Appellants, v. Robert L. Howes, Jr., Respondent

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

May 22, 1973


The plaintiff, aged 11 at the time, sustained injuries as he rode his bicycle north on Broadway in Manhattan, when the rear wheel of his bicycle was struck by the defendant's car coming from the intersection at 120th Street and Broadway. The jury having found for the defendant, the only question is as to certain aspects of the charge. While there may have been some errors, not likely to recur, that portion of the charge, that allowed the jury to consider the question of assumption...

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