Opinion
June 28, 1943.
In an action by an infant to recover damages for personal injuries, and by her mother for expenses and loss of services, in which the mother's cause of action was withdrawn on the trial, defendant appeals from a judgment in favor of the infant, entered on the verdict of a jury. Judgment, insofar as appealed from, reversed on the law, with costs, and the complaint dismissed on the law, with costs. The findings of fact implicit in the jury's verdict are affirmed. The injuries were received when plaintiff slipped and fell on ice on a crosswalk at a street intersection. Nine days before the accident occurred there was a heavy fall of snow and sleet, followed by rain and freezing weather. Plaintiff failed to show actionable negligence by defendant. ( Balzer v. City of New York, 279 N.Y. 742; Reutlinger v. City of New York, 281 N.Y. 592; Shyatt v. City of New York, 258 App. Div. 883, affd. 283 N.Y. 708; Taylor v. City of Yonkers, 105 N.Y. 202, 206; Egan v. City of New York, 175 App. Div. 358, and cases cited.) Close, P.J., Carswell, Johnston, Taylor and Lewis, JJ., concur.