Lee v. Independent Dairy

A three-year-old son of W. H. Lee, the plaintiff, was killed on a street in Seattle by an automobile truck operated by a driver in the employment of the defendant in the delivery of milk. The pleadings consisted of the complaint and an answer containing general denials. No affirmative defense was alleged. Prom a judgment in favor of the plaintiff upon the verdict of the jury, the defendant has appealed.

*623The truck was an ordinary open one ton truck. The accident happened about noon. The driver had stopped the truck, facing north on the west side of a street in front of a residence some thirty…