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MILLER v. HINE

281 A.D. 387 (1953)

Thomas Miller, as Administrator of The Estate of Emma Miller, Deceased, Appellant, v. Laverne Hine, an Infant, by Fayette Hine, His Guardian ad Litem, Respondent

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

March 12, 1953.

Attorney(s) appearing for the Case

John Lo Pinto for appellant.

Allan H. Treman and L. Nelson Simmons for respondent.

FOSTER, P. J., and IMRIE, J., concur with BERGAN, J.; HALPERN, J., concurs, in a separate opinion; COON, J., dissents in memorandum.

BERGAN, J.

Plaintiff's wife was killed by an automobile driven by the infant defendant. She was walking on a State highway from her home to a church supper a quarter of a mile away and carried in her arms a basketful of dishes. It was in mid-November, shortly after six o'clock in the evening and it was dark. She was walking on her right side of the road. The defendant's car, moving from behind her in the same...

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