General

Edward White, Jr., an Infant, by Edward White, His Guardian ad Litem, and Edward White, Appellants, v. Herman Kummerle, Inc., Respondent

242 A.D. 612·New York Supreme Court, Appellate Division·1934·NY

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Opinion

Edward White, Jr., an Infant, by Edward White, His Guardian ad Litem, and Edward White, Appellants, v. Herman Kummerle, Inc., Respondent. [MAJORITY] Judgment modified by providing that the same is not upon the merits, and as so modified affirmed, with costs to the respondent, without prejudice to the institution of a new action. There was no testimony in the record that the truck that struck the infant plaintiff was the one admittedly owned by defendant. Present — Finch, P. J., Merrell, Townley, Glennon and Untermyer, JJ.