Pinto v. Mr. Softee of N. Y., Inc.

Memorandum by the Court. Judgment in favor of plaintiffs reversed on the law and the facts and the complaint dismissed, with $50 costs to appellant. The infant plaintiff was injured on July 14, 1959, when he allegedly fell to the street while " hitching ” a ride on the back of the appellant’s mobile ice-cream truck. There was no proof that the construction of the truck violated any statute or rule of any governmental agency. It was of a type widely used by many companies, and the rear ledge of the truck served a reasonable and necessary purpose in giving access to the rear compartment of the…