Pierno v. H. Clausen & Son Brewing Co.

105 N.Y.S. 1138 Court N.Y. App. Div. Decision date 1907-06-21 English

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p. 1138

PIERNO, Appellant, v. H. CLAUSEN & SON BREWING CO., Respondent.

(Supreme Court, Appellate Division, Second Department.

June 21, 1907.)

Headnote

Action by James Pierno, an infant, by Lewis Pierno, his guardian ad litem, against the H. Clausen & Son Brewing Company.

Judgment reversed, and new trial granted; costs to abide the event. The questions of the mother’s contributory negligence and the defendant’s negligence were for the jury.

WOODWARD and JENICS, JJ., dissent.