Judgment for defendant reversed on the facts and a new trial granted, with costs to abide the event.
Concededly the defendant, in whose car the infant plaintiff was a passenger, failed to notice that the highway on which he was driving turned to his left. He continued straight ahead and ran into a pillar of an elevated railway, which also he did not observe. He was bound to see what he should have seen (Weigand v. United Traction Co., 221 N.Y. 39, 42) and the...
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