Trippy v. Basile

Judgment unanimously reversed, on the law, and a new trial granted, with costs to abide the event. Memorandum: The infant plaintiff, five and one-half years of age, was struck by defendant’s motor vehicle while crossing the street with three other children about 3:00 p.m. The evidence presented fair questions of fact as to the negligence of the defendant and the contributory negligence of the plaintiff. From the proof the jury could have found that defendant’s view was unobstructed, that she saw children crossing the street and that she did not attempt to sound her horn or stop the ear but…