Morgan v. Termine

On January 3, 1951, the defendant Termine struck and injured the infant plaintiff with an unregistered car which he had purchased on December 18, 1950. Plaintiff’s evidence consisted of the testimony of the infant, who was six years old at the time of the accident, and portions of an examination before trial taken of the defendants. Defendants, offering no proof, rested at the end of plaintiff’s case.

*110Thus on the question of Termine’s negligence and the infant’s freedom from contributory negligence, the only adult eyewitness to the incident was that defendant himself, who, though present in…