Opinion
May 25, 1967
Judgment entered after a jury trial, in this action for personal injuries, in the sum of $1,800 in favor of the infant plaintiff, and in the sum of $500 in favor of plaintiff Rosa Tillery, unanimously reversed, on the law, and the complaint dismissed, without costs and without disbursements. The appeal from the order setting aside the verdict is dismissed as academic. The infant plaintiff testified on direct examination that she did not know what happened to her; all she knew was that she was running and something hit her. She did not know whether it was somebody's hand or leg that "tripped" her. If we did not dismiss the complaint, we would reverse the judgment and order a new trial on the ground that finding of liability is against the weight of the credible evidence.
Concur — Botein, P.J., Stevens, Capozzoli, Tilzer and McNally, JJ.