Acevedo v. City of New York

On February 27, 1954, the infant plaintiff—seven years of age at the time—was struck by a Department of Sanitation truck that was proceeding south on Amsterdam Avenue, between 134th and 135th Streets. The accident occurred when the infant plaintiff suddenly emerged from behind ears parked along the west side of the avenue and came out into the path of the truck. In our opinion plaintiffs failed to show any actionable negligence on the part of the driver of the truck. The plaintiffs’ only eyewitness was the driver of the truck. There was not a scintilla of evidence of excessive speed, lack of…