Kine v. Zuckerman

Gordon, Jr., J.,

— This is an action of trespass for damages for personal injuries, and the case is before us on an affidavit of defence raising questions of law. (The plaintiffs are an infant, Florence Kine, suing by her father and next friend, Israel Kine, and the father suing in his own right) The suit arises out of an automobile accident which occurred one month and eleven days before the infant plaintiff was born, and in which the mother and the unborn child suffered injuries which are alleged to have resulted in the birth of the infant with a serious physical deformity. The question of…