RAGINS v. ARENTSON


43 A.D.2d 965 (1974)

Rosa Ragins, as Administratrix of The Estate of Selver Ragins, Jr., Deceased, Respondent, v. Charles Arentson, Appellant

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

February 11, 1974


Order reversed, without costs, plaintiff's motion denied and verdict reinstated.

Plaintiff's intestate (a three-year-old child) died after being struck by an automobile owned and operated by defendant. The only question presented on this appeal is whether the jury verdict was properly set aside by the trial court. The evidence was conflicting as to whether defendant saw the child prior to the impact. This issue was properly left for the jury (Triggs v. Advance...

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