Wright v. Kelly

This is an action for the death by wrongful act of John Anthony Kelly, an infant 17 months of age, sometimes hereinafter referred to as Tony, who was killed instantly as a result of the alleged negligence of Josh Emmerson Wright, the defendant, when he backed his truck onto the child in the driveway of the Kelly home. A trial by jury resulted in a verdict of $20,000 for the administrator, plaintiff, on which the trial court entered judgment, and the defendant is here on a writ of error.

The defendant contends that the trial court erred in (1) not holding, as a matter of law, that the defendant…