Goodman v. Gilligan

Appeal from a judgment of the Supreme Court in favor of defendants, entered February 20, 1951, in Bronx County, upon a verdict rendered at a Trial Term.

The trial of this action presented a sharp question of fact concerning whether plaintiff's intestate, a boy three and one-half years old, ran out from a parked vehicle into the side of defendants’ automobile, or whether he had been playing in the center of the street for a sufficient length of time so that in the exercise of reasonable care, the driver should have seen the child and avoided the accident.

The trial court instructed the jury as…