Neary v. Middlesex Transportation Co. — 296 N.Y. 818

Majority

p. 818

Robert Neary, an Infant, by Margaret Neary, His Guardian ad Litem, et al., Respondents, v. Middlesex Transportation Co., Inc., et al., Appellants.

Argued November 19, 1946;

decided January 16, 1947.

p. 820

Clarence 8. Zipp and Francis T. Lynch for Fred J. Parisi, appellant.

N. F. Towner, Francis Van Orman and Thomas A. Clarice for Middlesex Transportation Co., Inc., appellant.

Ralph Stout, Robert McGowan Smith and George N. Levine for respondents.

As to Middlesex Transportation Co., Inc.: Judgments reversed and complaint dismissed, with costs in all courts, upon the ground that there was no evidence of wanton or reckless misconduct on the part of that defendant.

Concur: Loughran, Ch. J., Lewis, Thacher and Dye, JJ. Dissent: Conway, Desmond and Fuld, JJ.

As to the defendant Fred J. Parisi: Judgment affirmed, with costs. No opinion.

Concur: Loughran, Ch. J., Conway, Desmond, Thacher and Fuld, JJ. Dissenting: Lewis and Dye, JJ.