Herbst v. Balogh

In an action for personal injuries, plaintiffs, on an abbreviated record, appeal from a judgment dismissing the complaint entered on a jury verdict in favor of defendant.

The infant plaintiff, four and one-half years of age, on April 19, 1952, at or about 6:30 p.m., while crossing East 4th Street from the south to the north side thereof, between the intersection of First and Second Avenues in the Borough of Manhattan, was struck by defendant’s motor vehicle and sustained the injuries complained of. Two older boys with whom the infant plaintiff was playing crossed the street in front of…