Torts · MBE-tested
Anneliese Wieder, an Infant under the Age of 14 Years, by Her Guardian ad Litem, Adam Wieder, and Adam Wieder, Respondents, v. John Meehan and Others, Copartners, Doing Business under the Firm Nane and Style of John Meehan & Son, Appellants
263 A.D. 804·New York Supreme Court, Appellate Division·1941·NY
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Opinion
Anneliese Wieder, an Infant under the Age of 14 Years, by Her Guardian ad Litem, Adam Wieder, and Adam Wieder, Respondents, v. John Meehan and Others, Copartners, Doing Business under the Firm Nane and Style of John Meehan & Son, Appellants.
[MAJORITY]
Judgment reversed, with costs, and the complaint dismissed, with costs, on the ground that no actionable negligence was shown. (Walsh v. Dickison, 240 N. Y. 676; Nolan v. King, 97 id. 565.) Present — Martin, P. J., Townley, Glennon, Cohn and Callahan, JJ.; Cohn, J., dissents and votes to affirm.