DALY v. CASEY


44 A.D.2d 527 (1974)

Eugenia Daly, an Infant, by Her Parent and Father, Michael Daly, et al., Respondents, v. Howard V. Casey et al., Appellants

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

March 14, 1974


The then eight-year-old plaintiff-respondent was struck by Casey's car as she came out from the sidewalk to cross a one-way street; her version, corroborated by seven witnesses, one a brother-in-law and the others neighbors and playmates, was that she proceeded around the front of a double-parked Tidewater Oil truck, which obscured her vision, into the street. There was no other theory advanced to connect the truck's presence, assuming it was there, with the happening of...

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