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Charles Kwiatkousky, an Infant, by John Kwiatkousky, His Guardian ad Litem v. John Nadolny
Opinions in this case
- Majority
- Majority
Judgment reversed upon the law and the facts, with costs, and complaint dismissed, with costs. Defendant was not negligent. The infant plaintiff, if sui juris, was negligent as matter of law. If non sui juris, the negligence of his mother in permitting him to touch the meat-grinding machine was imputable to him. (See Connelly v. Carrig, 244 N. Y. 81, where in all essential respects the facts are similar.) Young, Rich, Kapper, Hagarty and Seeger, JJ., concur.