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Soderberg v. Proctor

262 A.D. 971 Court N.Y. App. Div. Decision date 1941-09-29 English

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p. 971
Gustave Soderberg, an Infant, by His Guardian ad Litem, Gustave J. Soderberg, and Gustave J. Soderberg, Appellants, v. Percy M. Proctor, Respondent.

Action to recover damages for personal injuries allegedly suffered by the infant plaintiff, and for loss of services by his father, the adult plaintiff, because of the utterance by the defendant in the presence of the two plaintiffs and the infant’s mother of certain language reflecting on the infant, which language, however, was not slanderous per se. Judgment for the defendant unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Taylor and Close, JJ.