Opinion
December 4, 1961
In a negligence action by an infant to recover damages for his personal injuries, and by his father to recover damages for medical expenses and loss of services, plaintiffs appeal from a judgment of the Supreme Court, Orange County, entered February 14, 1961 in favor of defendants, upon a dismissal of the complaint on the merits at the close of plaintiffs' case, after a jury trial. The infant plaintiff, 11 years of age at the time of the accident, suffered burns when he, together with his younger brother, entered the yard of defendants' business premises and ignited a match and threw it near the uncapped gasoline tank of a truck which had been there, unused, for about two months. The truck had no tires or body. These boys and other boys had played in this yard from time to time, but had been chased from the premises on one occasion about two months before the accident. The trial court dismissed the complaint on the ground that the infant plaintiff was a trespasser and that the presence of the truck in the condition stated was not a trap. Judgment affirmed, without costs. No opinion. Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.