Bunnell v. Kearney

Appellate Division of the Supreme Court of New York

Bunnell v. Kearney

243 A.D. 667

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1935·Published

Opinion

A boy of fifteen, who was in the fourth grade in school, was walking in the daylight on the right side of a State highway where there were no sidewalks. A truck, approaching from the rear, gave no warning and the boy did not know of the presence of the truck until he was struck. Both legs were broken and he sustained lesser injuries. A verdict was rendered for $5,000. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.

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A boy of fifteen, who was in the fourth grade in school, was walking in the daylight on the right side of a State highway where there were no sidewalks. A truck, approaching from the rear, gave no warning and the boy did not know of the presence of the truck until he was struck. Both legs were broken and he sustained lesser injuries. A verdict was rendered for $5,000. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.

Bunnell v. Kearney, 243 A.D. 667 (N.Y. Ct. App. 1935).

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