Johnson v. Barnes

The respondent recovered judgment in the trial court for injuries which his three-year-old daughter incurred when she ran into the side of an automobile driven by the appellant on an arterial street in Aberdeen. On appeal, error is assigned to the failure of the court to sustain various challenges to the sufficiency of the evidence, and to the giving of certain instructions and the refusal of others requested by the appellant.

The evidence most favorable to the respondent tended to show that at about five o’clock in the afternoon, on February 24, 1958, while it was still daylight, the…