Kunze v. Pictorial Review Co.

Headnote

Negligence — motor vehicles — boy seven years of age running in street struck by automobile approaching from behind.

Kunze v. Pictorial Review Co., 218 App. Div. 829 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 9, 1927, 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 boy seven years old, while running diagonally across Forty-first street near Tenth avenue in the city of New York was struck by defendant’s automobile approaching from his rear. There was evidence that defendant’s chauffeur had a clear view of the boy for at least one hundred feet but made no attempt to check or stop his car.