Abbott v. Railway Express Agency

DOBIE, District Judge.

Plaintiff, appellant in this case, a boy four years old, was injured beneath a rear wheel of a truck owned by defendant, appellee, and operated by its employee, Joseph Heilman. At the conclusion of the evidence of the plaintiff, the trial judge below directed a verdict for the defendant on the ground that the evidence, even when construed most favorably to the plaintiff, failed to make out a prima facie case of actionable negligence against the defendant. The only question we need consider here is whether this ruling of the trial judge was correct. We think it was.

Heilman…