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Kiley v. Weir

237 A.D. 868 Court N.Y. App. Div. English

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p. 868
Mary Kiley, an Infant, etc., Respondent, v. James Weir and Another, Appellants.

Judgment and order affirmed, with costs. All concur, except Crosby, J., who dissents and votes for reversal on the law and for a dismissal of the complaint on the ground that this case differs from Nelson v. Nygren ( 259 N. Y. 71 ), in that the evidence is entirely undisputed that the plaintiff acquiesced and actively participated in the negligent operation of the car, of which she complains.

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