Martucci v. Brooklyn Children's Aid Soc.

CHASE, Circuit Judge.

The plaintiff, Robert Martucci, is an infant who was injured while an inmate of *733the defendant’s home for crippled children at Far Rockaway, N. Y. The infant, suing by a guardian ad litem who is his father, and the father, who sued in his own right, have recovered a judgment for the damages found by a jury to have been sustained as a result of injuries which the boy received when he fell against and broke a pane of glass in an unguarded window in the room in which he lived. The defendant has appealed.

Jurisdiction, based upon diversity, is clear and unquestioned. This was a…