O'Connell v. Josber Building Corp.

In the oral complaint the infant, plaintiff seeks to recover damages for personal injuries sustained by him “ by reason of the negligence of the defendant, its agents, servants and/ or employees without any contributory negligence on the part of the plaintiff.” The plaintiff’s bill of particulars specifies the alleged negligence to be that the defendant’s employee chased the infant plaintiff away from the front of the premises 2343 Valentine avenue, Bronx, which was owned, operated and controlled by the defendant.

The facts, as proved upon the trial, were that while the infant plaintiff, a…