Mazziotta v. Eppens, Smith Co.

238 A.D. 781 Court N.Y. App. Div. English

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p. 781

Philip Mazziotta, an Infant, by Rose J. Mazziotta, His Guardian ad Litem, and John Mazziotta, Appellants, v. Eppens, Smith Company, Respondent.

Whether defendant is guilty of negligence or infant plaintiff guilty of contributory negligence were questions for the jury. Judgment reversed and a new trial ordered, with costs to appellants to abide the event. Present — Finch, P. J., Merrell, O’Malley, Sherman and Townley, JJ.