NICHOLAS v. ROSENTHAL


283 A.D. 9 (1953)

Florence Nicholas, an Infant, by Chris Nicholas, Her Guardian ad Litem, et al., Appellants, v. Eliot Rosenthal, Respondent

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

November 24, 1953.


Attorney(s) appearing for the Case

Leo S. Marcus for appellants.

Frederick Mellor for respondent.

PECK, P. J., DORE, CALLAHAN and BERGAN, JJ., concur.


COHN, J.

Plaintiff, a child nine and a half years of age, came in contact with defendant's automobile and was seriously injured while she was attempting to cross a street in the borough of Manhattan, city of New York. According to her testimony, she had walked out from between two parked cars. When she reached a point about two feet beyond the line of the parked cars, she stopped to look for traffic coming in either...

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