Ogle v. Rosenthal — 227 N.Y. 649

Majority

p. 649

George Ogle, as Administrator of the Estate of John Ogle, Deceased, Respondent, v. Charles M. Rosenthal, Appellant.

Headnote

Ogle v. Rosenthal, 188 App. Div. 882 , affirmed.

(Argued December 1, 1919;

decided January 6, 1920.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 10, 1919, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. The intestate, .a boy nine years of age, while crossing Amsterdam avenue between One Hundred and Twenty-eighth and One Hundred and Twenty-ninth streets in the city of New York was struck by defendant’s automobile and killed.

Theodore H. Lord and Fred H. Rees for appellant.

Nathan D. Stern for respondent.

p. 650

Judgment affirmed, without costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Hogan, McLaughlin, Ceane and Andeews, JJ.