Nelson v. Mandl

Motion by the plaintiff for summary judgment in a personal injury action is denied.

The defendant was proceeding north on Highland Boad, Crien Cove, L. I., a street which descends at a rather acute angle, perpendicular to School Street. As she descended Highland Boad, about 100 feet from its intersection with School Street, she applied her foot brake, knowing that she would have to make a right turn on School Street; however, the brakes failed.

The defendant claims that when she was confronted with this emergency, there were children crossing from the south to the north side of School Street,…