Steinheimer v. McKinnon — 177 A.D. 903

Majority

p. 903

First Department,

March, 1917.

George Steinheimer, an Infant, by Henri Steinheimer, His Guardian ad Litem, Appellant, v. John W. McKinnon, Respondent.

Headnote

Appeal from a judgment dismissing the complaint after a' trial at Trial Term.

The question of contributory negligence, taking into, account the age, intelligence and experience of the infant plaintiff, should have been submitted to the jury. The judgment should be reversed and a new trial ordered, with costs to appellant to abide the event. Present — Clarke, P. J., Scott, Davis and Shearn, JJ. Judgment reversed, new trial ordered, costs to appellant to abide event.