Burns v. Dixon

Appeal from a judgment of the Supreme Court, entered March 18, 1974 in Albany County, upon a verdict of no cause of action. This personal injury action arises out of an accident which occurred on August 17, 1971 at or near the intersection of Clinton Avenue and North Pearl Street, Albany, New York. Plaintiff, Josie T. Burns, was pushing her two-year-old infant daughter, Josita, in a stroller. This intersection was the construction site of the defendant Peter Kiewit Sons Co. Upon reaching the construction area which extended around the northwest corner of the intersection, the plaintiffs…