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Larson v. Brooklyn City Railroad

219 A.D. 791 Court N.Y. App. Div. English

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p. 791
Oscar Larson, an Infant, etc., by Ella Larson, His Guardian ad Litem, Respondent, v. The Brooklyn City Railroad Company, Appellant.

Judgment unanimously affirmed, with costs. The question as to whether the infant plaintiff was a trespasser, or could, in view of his years, be such, was not raised upon the trial, and the defendant, having acquiesced in the manner in which the case was submitted to the jury, cannot now complain. Present — Kelly, P. J., Maiming, Young, Kapper and Lazansky, JJ.