Ballback's Adm'r v. Boland-Maloney Lumber Co.

Affirming.

Preston Leon Ballback, a boy nine years seven months of age, was struck and killed by a truck owned and operated by the Boland-Maloney Lumber Company. In an action for damages against the Lumber Company by the administrator of the boy's estate, the jury returned a verdict for the defendant. A reversal of the judgment is sought on two grounds: (1) Errors in the instructions; and (2) insufficiency of the evidence to sustain the verdict.

The accident happened on East Gray Street in Louisville on June 27, 1946, about 3 o'clock in the afternoon. Appellee's truck, loaded with lumber,…