Majority
p. 773Timothy Daugherty, an Infant, by His Guardian ad Litem Helen F. Daugherty, et al., Respondents, v. Interstate Motor Freight Systems, Inc., et al., Appellants, et al., Defendants. (Action No. 2.)
Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event. Same Memorandum as in Celani v. Interstate Motor Freight Systems ( 30 A D 2d 772 ) decided concurrently herewith. (Appeal from judgment of Erie Trial Term in automobile negligence action.) Present — Bastow, P. J., Goldman, Marsh, Witmer and Henry, JJ.
Cases cited
- Celani v. Interstate Motor Freight Systems, Inc. 30 A D 2d 772 p. 773