Temmaso v. Betsch — 244 N.Y. 532

Majority

p. 532

Frances Temmaso, an Infant, by Pietro Temmaso, Her Guardian ad Litem, Respondent, v. John Betsch, Appellant.

Headnote

Negligence — motor vehicles — child struck by motor truck while crossing street.

Temmaso v. Betsch, 217 App. Div. 756 , affirmed.

(Argued November 23, 1926;

decided December 31, 1926.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 8, 1926, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Plaintiff, a child eight years old, while attempting to cross Wilson avenue, between Suydam and Hart streets in the borough of Brooklyn was struck by defendant’s motor, truck and received the injuries complained of.

p. 533

James A. Nooney and Joseph Force Crater for appellant.

Sol. Boneparth, David, M. Fink and Jacquin Frank for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.