Demjanik v. Kultau

While standing upon the sidewalk in a public street in the village of Lackawanna, Helen Demjanik, a young girl eight years of age, was struck by a brick. A jury has said that this accident was occasioned by reason of defendant’s negligence. We think that there is not sufficient evidence to sustain such a verdict.

No one saw the girl struck. She says that she was hit by a brick, but she does not pretend to say where it came from or who threw it. She did not see it until “ after it fell down ” on the *256walk. Several hours prior to the accident some six or seven bricks were seen lying on the…