Torres v. Vizzare

Appeal by defendant, as limited by his brief, from so much of an order of the Supreme Court, Kings County, dated January 6, 1969, as (1) set aside a jury’s special verdict that the infant plaintiff was eontributorily negligent and (2) granted a new trial to determine that issue. Order reversed insofar as appealed from, with costs, motion to set aside said verdict denied; and verdict reinstated. In this personal injury negligence action, the infant plaintiff was seven years of age when she was struck by defendant’s automobile while playing ball on the street. The question of whether she was…