KELLEY v. CARL H. SCHULTZ, INC., 237 N.Y. 548 (1923)

143 N.E. 737

ARTHUR KELLEY, an Infant, by JOHN J. KELLEY, His Guardian ad Litem, Respondent, v. CARL H. SCHULTZ, INC., Appellant.

Court of Appeals of the State of New York.Argued November 27, 1923
Decided December 27, 1923

Page 549

Frederick W. Catlin, J.T. McEntee and Robert H. Woody for appellant.

George A. Hopkins, Louis P. Brown and Louis F. Stumpf for respondent.

Judgments reversed and complaint dismissed, with costs in all courts on ground that the evidence does not tend to establish negligence on the part of defendant but does establish contributory negligence on the part of plaintiff.

Concur: HISCOCK, Ch. J., HOGAN, CARDOZO, POUND, McLAUGHLIN, CRANE and ANDREWS, JJ.