Ylen v. Mutual Service Casualty Insurance

The facts here recited are undisputed. In fact, they appear from the affidavit of plaintiffs’ attorney submitted in opposition to defendant’s motion for summary judgment. It is therefore unnecessary for us to consider the question whether the affidavit of defendant’s attorney is based solely upon hearsay and therefore inadequate to support its motion.

The action was commenced on January 8, 1952, by George and Hilia Ylen to recover damages sustained by them on account of injuries sustained by their infant daughter, Rachel, on November 1, 1948, as the result of being struck by an automobile…