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Kielich v. William Hengerer Company

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1934
241 App. Div. 796 (N.Y. App. Div. 1934)

Opinion

March, 1934.


Judgment and order affirmed, with costs. All concur, except Lewis, J., who dissents and votes for reversal on the law and for a new trial on the ground that the infant plaintiff, who was concededly non sui juris, was guilty of such conduct as would have constituted negligence as a matter of law had he been an adult and that he failed to sustain the requisite burden of proof that his custodian was free from contributory negligence under the ruling in Kupchinsky v. Vacuum Oil Co. ( 263 N.Y. 128).


Summaries of

Kielich v. William Hengerer Company

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1934
241 App. Div. 796 (N.Y. App. Div. 1934)
Case details for

Kielich v. William Hengerer Company

Case Details

Full title:PAUL KIELICH, an Infant, by JOHN KIELICH, His Guardian ad Litem…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 1, 1934

Citations

241 App. Div. 796 (N.Y. App. Div. 1934)