Appellate Division of the Supreme Court of New York, 1944

Puleo v. National Transportation Co.

Puleo v. National Transportation Co.
Appellate Division of the Supreme Court of New York · Decided June 19, 1944
268 A.D. 790; 48 N.Y.S.2d 867; 1944 N.Y. App. Div. LEXIS 3495
Puleo v. National Transportation Co.

Opinion of the Court

In an action brought by the infant plaintiff to recover damages for injuries sustained by him as the result of the negligence of the defendants in the operation of an automobile, and by the father for medical expenses and loss of services, judgment for the defendants dismissing complaint at the end of the plaintiffs’ case reversed on the law and a new trial granted, with costs to appellants to abide the event. It was error to dismiss the complaint. Plaintiffs’ proof established prima facie the negligence of defendants and the infant plaintiff’s freedom from contributory negligence. Close, P. J., Carswell, Adel, Lewis and Aldrich, JJ., concur.

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