Gibbia v. Sklamberg — 236 N.Y. 626

Majority

p. 626

Carmine Gibbia, an Infant, by Salvatore Gibbia, His Guardian ad Litem, Respondent, v. Hyman Sklamberg, Appellant. Salvatore Gibbia, Respondent, v. Hyman Sklamberg, Appellant.

Headnote

Negligence — streets — child run over by wagon running up on sidewalk.

Gibbia v. Sklamberg (2 oases), 203 App. Div. 850 , affirmed.

(Argued June 13, 1923;

decided July 13, 1923.)

Appeal, by permission, in each of the above-entitled actions from a judgment of the Appellate Division of the

p. 627

Supreme Court in the first judicial department, entered October 26, 1922, -unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The first action was to recover for personal injuries sustained by plaintiff through the negligence of the defendant. The second action was by the father of the plaintiff in the first action to recover for loss of services resulting from the same accident. The evidence showed that on March 12, 1919,- while the infant plaintiff was playing on the sidewalk in front of the premises No. 1019 Second avenue, in the city of New York, he was struck and run over by the defendant’s wagon, which ran up on the sidewalk while attempting to turn around, and sustained a compound fracture of his right arm, and injuries to his right leg, which necessitated its amputation twice above the knee.

Harold R. Medina, Murray 0. Jenkins, William B. Shelton and William Dike Reed for appellant.

William J. Roche and George J. McDonnell for respondents.

Judgment in each case affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Hogan, Cakdozo, Pound, Crane and Andrews, JJ. Dissenting: McLaughlin, J.