Gonzalez v. Van Nostrand

In an action by an administrator to recover damages for the wrongful death of his intestate, the appeal is from a judgment dismissing the complaint at the close of the plaintiff’s case. The complaint alleges that the intestate died as a result of injuries received when he was struck and run over by a motor vehicle owned and operated by respondent’s intestate. Judgment unanimously affirmed, without costs. In our opinion, there was no proof of any culpable negligence on the part of respondent’s intestate. The testimony was that appellant’s intestate, a nine-year-old boy, was killed while…