Legal Opinion

Kwiatkousky v. Nadolny

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1928PublishedCited by 1 opinion

1Opinion of the Court

Judgment reversed upon the law and the facts, with costs, and complaint dismissed, with costs. Defendant was not negligent. The infant plaintiff, if sui juris, was negligent as matter of law. If non sui juris, the negligence of his mother in permitting him to touch the meat-grinding machine was imputable to him. (See Connelly v. Carrig, 244 N. Y. 81, where in all essential respects the facts are similar.) Young, Rich, Kapper, Hagarty and Seeger, JJ., concur.

2Cases cited1 opinion

  1. Connelly v. CarrigNew York Court of Appeals · 1926

3Cited by1 opinion

  1. Pfannenstiel v. Luckey, Platt & Co.Appellate Division of the Supreme Court of the State of New York · 1929