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Chalk v. Marcus Contracting Co.

253 A.D. 748 Court N.Y. App. Div. Decision date 1937-12-24 English

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p. 748
Curtis Chalk, an Infant, by His Guardian ad Litem, Ruth Chalk, and Ruth Chalk, Respondents, v. Marcus Contracting Company, Inc., Appellant.

In an action by an infant plaintiff to recover damages for injuries sustained, and by his mother for expenses and loss of services, judgment in favor of plaintiffs reversed on the law and the facts and a new trial granted, costs to abide the event. In our opinion the verdicts are against the weight of the evidence. Hagarty, Johnston, Taylor and Close, JJ., concur; Carswell, J., dissents and votes to affirm.