Opinion
October 30, 1961
In a negligence action by an infant to recover damages for personal injuries sustained when he fell from a bicycle, allegedly as the result of an obstacle placed in a public highway by defendant Caristo Construction Corp., a general contractor then engaged in the erection of a public school building; and by the infant's father to recover damages for loss of services and medical expenses, the said defendant appeals from so much of a judgment of the Supreme Court, Queens County, entered December 13, 1960, as is in favor of plaintiffs against it, after a jury trial. Judgment, insofar as appealed from, reversed on the facts, and new trial granted, with costs to abide the event. In our opinion, the jury's verdict in favor of the plaintiffs against said defendant and the jury's implicit finding that the negligence of such defendant caused the accident, are against the weight of the credible evidence. Nolan, P.J., Beldock, Ughetta, Kleinfeld and Brennan, JJ., concur.