D'Esterre v. Ernst

137 N.Y.S. 1117 Court N.Y. App. Div. Decision date 1912-10-11 English

Decision Majority — PER CURIAM. · Dissent — HIRSCHBERG, J.,

Contents

p. 1117

D’ESTERRE, Appellant, v. ERNST, Respondent.

(Supreme Court, Appellate Division, Second Department.

October 11, 1912.)

Headnote

Action by Charles F. D’Esterre, as administrator, etc., of Elsie D’Esterre, deceased, against John H. Ernst.

Judgment affirmed, with costs.

dissents, on the ground that the conflict as to the distance the machine was away from the child, when she first jumped back into the street, required a submission of the question to the jury.