Dickey v. Haes

I. M. Olsen, Justice.

Defendant appeals from an order denying his alternative motion for judgment or a new trial after verdict in favor of plaintiff.

Plaintiff, as special administrator of the estate of Marcella Anne Dickey, his daughter, brought the action to recover damages for her death, claimed to have been caused by the negligence of the defendant in operating his automobile on a public highway. The deceased was a child within a few days of seven years of age. The accident happened on July 24, 1934, in the daytime, as the child was crossing a highway.

1. The negligence of the defendant is…