Masters v. Becker

22 A.D.2d 118 (1964)

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Nature of the Case

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Facts

When the injury occurred, the infant Susan Masters (P) was about six years of age, and Claudia Becker (D) was about nine years of age. They, together with D's sister, were playing on a motor truck in an empty lot, and P was standing on a narrow ledge on the outside of the truck's tailgate. D told or at least urged P to get off; and P refused and cried, saying she was frightened. Then D pried P's fingers off the tailgate and P fell to the ground, sustaining severe injuries. D's testimony indicated that the reason for her act was to force P to give D and her sister their turns to get onto the ledge so that they could jump off. The trial court instructed the jury that the guardian was required to establish that D intended the very injury that P sustained. D got the verdict and P appealed.