Tyne v. B. F. Goodrich Co.

John Tyne, Jr., a boy ten years of age, met his death July 20,1936, when he was struck by a truck owned by the corporate defendant and driven by its employee, the defendant Dunn. Upon the trial of this action for damages resulting from his death a motion by defendants for a nonsuit and dismissal of the complaint was granted at the close of plaintiff’s evidence upon the ground that the proof of record established contributory negligence by the decedent and failed to prove actionable negligence by the driver of defendant’s truck.

Upon this appeal the defendants assert that the judgment of…