Diaz v. Williams

Judgment for plaintiffs, unanimously reversed, on the law, on the facts, and in the exercise of discretion, and new trial ordered, with $50 costs to defendants-appellants. The verdict for the plaintiffs, depending principally for its support Upon the testimony of the infant plaintiff and the witness Ramirez, is against the weight of the credible evidence. The infant plaintiff, on appearance about a year after the accident before a Justice at Special Term in connection with a pretrial examination, stated that he had no recollection of the accident, and, on the trial, two and a half years…