Majority
p. 735Rebecca Berg, an Infant, by Clara Berg, Her Guardian ad Litem, Appellant, v. Raphael Prager and Another, Respondents.
Headnote
Appeal from a judgment of the Supreme Court in favor of the defendant, entered in the New York county clerk’s office on May 22, 1925, dismissing the complaint at the close of the plaintiff’s case upon a trial at Trial Term.The proof of plaintiff evidenced conditions which, if found to have existed, would have justified a conclusion of neglect on the part of the defendants, and plaintiff’s own care was sufficiently shown to warrant submission to the jury of the question of her freedom from contributory negligence. The judgment should, therefore, be reversed and a new trial ordered, with costs to the appellant to abide the event. Present — Dowling, Merrell, Finch, McAvoy and Martin, JJ. Judgment reversed and new trial ordered, with costs to .appellant to abide the event.