Hyperlawhypertext legal database White v. Herman Kummerle, Inc. 242 A.D. 612

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White v. Herman Kummerle, Inc.

242 A.D. 612 Court N.Y. App. Div. English

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p. 612
Edward White, Jr., an Infant, by Edward White, His Guardian ad Litem, and Edward White, Appellants, v. Herman Kummerle, Inc., Respondent.

Judgment modified by providing that the same is not upon the merits, and as so modified affirmed, with costs to the respondent, without prejudice to the institution of a new action. There was no testimony in the record that the truck that struck the infant plaintiff was the one admittedly owned by defendant. Present — Finch, P. J., Merrell, Townley, Glennon and Untermyer, JJ.