FERRARO v. CHILDREN'S BUS SERV., INC.


45 A.D.2d 755 (1974)

Richard Ferraro, an Infant, by His Father and Natural Guardian, John Ferraro, Respondent, et al., Plaintiff, v. Children's Bus Service, Inc., Appellant

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

June 24, 1974


Judgment reversed, on the law, and new trial granted as to all the issues, with costs to abide the event.

The appeal did not present questions of fact. At the trial the infant plaintiff's proof was to the effect that a driver for defendant, a bus company, struck the infant in the face after accusing him of throwing snowballs at defendant's bus and breaking its windshield. The infant plaintiff, who was nine years old, denied throwing any snowballs. The driver, testifying...

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