D'Esterre v. Ernst

152 A.D. 936 Court N.Y. App. Div. English

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Majority

p. 936

Charles F. D’Esterre, as Administrator, etc., of Elsie D’Esterre, Deceased, Appellant, v. John H. Ernst, Respondent.

Judgment affirmed, with costs. No opinion. Burr, Thomas, Carr and Rich, JJ., concurred; Hirsehberg, J., dissented on the ground that the conflict as to the distance the machine was away from the child when she first jumped back into the street required a submission of the question to the jury.