Spicer v. State

285 A.D. 1222 Court N.Y. App. Div. Decision date 1955-05-20 English

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Clyde H. Spicer, an Infant, by Clyde T. Spicer, His Guardian ad Litem, Appellant, v. State of New York, Respondent.

Judgment and order affirmed, without costs of this appeal to either party. All concur, except McCurn, P. J., who dissents and votes for reversal and for granting a new trial on the ground that the evidence presented questions of fact as to negligence and contributory negligence. Present — McCurn, P. J., Vaughan, Kimball, Wheeler and Van Duser, JJ.