Burgess v. Germany-Roy-Brown Co.

The opinion of the Court was delivered by

Mr. Justice Eraser.

The plaintiff, Wilbur Burgess, a boy under seven years of age, was struck by a motor truck owned by the defendant, and seriously injured. For his injuries this action is brought, for both actual and punitive damages. The jury found for the plaintiff, and the defendant appeals.

I. The plaintiff introduced in evidence a statement made by one C. A. Morgan, in which he told the hospital authorities to employ a nurse and physician for the plaintiff, and that the defendant would pay the bill. The appellant claims that the evidence was both…