Scamporino Ex Rel. Scamporino v. Chapman Chevrolet Co.

The opinion of the court was delivered by

Perskie, J.

The question for decision in this negligence case is whether the trial judge erred in granting defendant’s motion for a nonsuit. We answer the question in the negative.

The infant plaintiff by his father as his next friend, and the father individually, sued defendant to recover their respec tive damages resulting from the serious burns which the infant suffered by reason of the alleged actionable negligence of the defendant (creation of a dangerous agency) in the circumstances hereinafter stated. At the conclusion of the proofs submitted by…