Neill v. Jodum Cab Corp.

In a negligence action to recover damages for personal injuries, plaintiffs appeal from a judgment of the Supreme Court, Kings County, entered March 24, 1970, in favor of defendants, upon a jury verdict upon a trial of the issues of liability only. Judgment reversed, on the law, and new trial granted, with costs to appellants. The questions of fact have not been considered. The testimony of the parties as to how the accident occurred is conflicting. Plaintiffs claim that the infant plaintiff, nine years old at the time of the accident, was struck by defendants’ taxicab while trying to get up…