Majority
p. 637Robert Mastruzzi, an Infant, by Concetta Mastruzzi, His Guardian ad Litem, et al., Respondents, v. Salvatore Aloi, Appellant. (Submitted December 6, 1935; decided January 7, 1935.)
p. 638
Frederick Mellor and William Butler for appellant.
Frank J. Rinaldi for respondents.
Judgments reversed and complaint dismissed, with costs in all courts. There is no evidence to sustain the finding that the accident was the result of heedlessness or reckless disregard of the rights of plaintiffs. (See Metcalf v. Reynolds, 267 N. Y. 52 .) No opinion.
Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.
Cases cited
- Metcalf v. Reynolds 267 N. Y. 52 p. 638