Azzaro

Plaintiff sued for damages for the death of his minor son, a child nine years of age. The jury returned a verdict for defendant and plaintiff appeals on typewritten transcripts.

The child was standing at the curb in front of plaintiff’s automobile which was parked at the easterly curb of Bay-shore Boulevard, about 160 feet south of Thornton Avenue. Defendant was operating a Chevrolet sedan southerly along the boulevard and when he reached a point about 160 feet north of the parked car, his machine veered to the east and to the left until it struck the sidewalk on the easterly side of the boulevard and then traveled, with two wheels on the sidewalk, a distance of sixty feet, striking the child at the curb, and then crashing into the parked car. Plaintiff based his charge of negligence on the excessive speed of defendant which was shown by eye-witnesses and by the fact that the force of the blow upon plaintiff’s car drove it backward about forty feet from the point of collision. Negligence is also laid to defendant because of his failure to use his brake or to take any other measure to avoid the collision. On the part of the defendant the only explanation of the accident is that…