Groarke v. Laemmle — 185 N.Y. 579

Majority

p. 579

Francis J. Groarke, an Infant, by Francis Groarke, His Guardian ad Litem, Appellant, v. George Laemmle, Respondent.

Headnote

Groarke v. Laemmle, 91 App. Div. 614 , reversed.

(Argued May 16, 1906;

decided June 5, 1906.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 8, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for personal injuries alleged to have been sustained through defendant’s negligence.

Charles Green Smith and Lawrence Atterbury for appellant.

De Lagnel Berier for respondent.

p. 580

Judgment reversed and new trial granted, costs to abide event on the ground that defendant’s negligence presented a question of fact for the jury ; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Hiscock and Chaser JJ. Absent: Gbay and O’Brien, JJ.