Serina v. New York Railways Corp. — 266 N.Y. 552

Majority

p. 552

Samuel D. Serina, an Infant, by Angelo Serina, His Guardian ad Litem, Appellant, v. New York Railways Corporation, Respondent. Angelo Serina, Appellant, v. New York Railways Corporation, Respondent.

(Argued January 14, 1935;

decided February 26, 1935.)

p. 553

Sol Gelb for appellants.

Henry J. Smith and Joseph L. Zelaskow for respondent.

In each case, judgment reversed and new trial granted, with costs to abide the event. Held, that on the evidence there was a question of fact to be submitted to the jury. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ. Not sitting: Finch, J.