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Wallach v. R. Gray's Sons, Inc.

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1935
244 App. Div. 873 (N.Y. App. Div. 1935)

Summary

In Wallach v. R. Gray's Sons, Inc., 244 App. Div. 873, 280 N.Y.S. 79 (3d Dept. 1935), the injured infant ran into the defendant's truck by darting from the sidewalk past a parked car.

Summary of this case from Jones v. United States

Opinion

May, 1935.

Present — Hill, P.J., Rhodes, McNamee, Crapser and Bliss, JJ.


Appeal by plaintiff from order dismissing the complaint and granting a nonsuit at the close of the entire case after the jury had failed to agree. Upon the defendant's motion for dismissal made at the close of the entire case the trial court reserved decision, submitted the case to the jury and upon the jury's failure to agree granted the motion. Plaintiff, a girl five years old, ran from the sidewalk, past the front of a parked car into the side of defendant's passing truck and a rear wheel ran over her leg. The record fails to disclose any negligence on the part of the defendant. Order unanimously affirmed, with costs.


Summaries of

Wallach v. R. Gray's Sons, Inc.

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1935
244 App. Div. 873 (N.Y. App. Div. 1935)

In Wallach v. R. Gray's Sons, Inc., 244 App. Div. 873, 280 N.Y.S. 79 (3d Dept. 1935), the injured infant ran into the defendant's truck by darting from the sidewalk past a parked car.

Summary of this case from Jones v. United States
Case details for

Wallach v. R. Gray's Sons, Inc.

Case Details

Full title:JOSEPH WALLACH, as Guardian ad Litem of GLORIA WALLACH, an Infant under…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 1, 1935

Citations

244 App. Div. 873 (N.Y. App. Div. 1935)

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