O'Reilly v. Sherman

Thése are actions to recover, respectively, for personal injuries and for consequential damages, resulting from the act of the defendant in running a wheel of his automobile over the minor plaintiff, who in the narration of the facts will be called simply the plaintiff. The trial judge found for the plaintiff, and the Appellate Division sustained his action by dismissing a report. The defendant appealed.

The plaintiff at the time of the injury on July 4, 1936, was two years and three months old. There was evidence of the following facts. The plaintiff lived with his parents in a small summer…