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MANDELINO v. GREAT ATL. & PAC. TEA CO.

276 A.D. 850 (1949)

Rita Mandelino, an Infant, by John Mandelino, Her Guardian ad Litem, et al., Appellants, v. Great Atlantic & Pacific Tea Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 12, 1949.

The infant was seven and one-half years old at the time of the accident, and nine years old at the time of the trial. The court refused to permit her to be sworn but permitted her to make a statement. Her voir dire did not show she did not have sufficient mental capacity and she should have been sworn. (Gehl v. Bachmann-Bechtel Brewing Co., 156 App. Div. 51.) Her unsworn statement shows she asked defendant's store manager...

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