
    Joseph Maynard, as Guardian ad Litem of Joseph Maynard, Appellant, v. Charles Phillips, Respondent.
    Supreme Court, Appellate Term, First Department,
    November 29, 1933.
    H. Edward Raiden [Bernard Braun of counsel], for the appellant.
    
      E. Edan Spencer [Arthur N. Seiff of counsel], for the respondent.
   Per Curiam.

The question whether this infant plaintiff was sui juris was for the jury; and the jury were authorized to find that it was not contributory negligence for this six-year-old infant to cross the street without looking for defendant’s automobile, which according to the plaintiff’s proofs was almost a block away.

Judgment and order reversed, with costs, and judgment reinstated.

Levy and Callahan, JJ., concur.

Lydon, J.

(dissenting). I dissent. I think the' trial judge was right in dismissing the complaint for the reasons given by him. I also think that a dismissal on the merits was proper. (Ziegler v. Railway Co., 232 App. Div. 43.)  