Wicks v. Cowperthwait Co.

Kelly, J.:

The plaintiff sued to recover damages for the death of his infant son, a boy between eight and nine years of age at the date of the accident. The complaint alleges that on January 26, 1920, “ while plaintiff’s intestate was lawfully walking in a westerly direction along Westbury Avenue, at Caral Place, Mineóla,” he was struck by defendant’s automobile truck operated by defendant’s servants “ in an easterly direction along the aforesaid West-bury Avenue,” receiving injuries which resulted in his death. It is charged that defendant’s servants in charge of its motor truck *706operated it…