Gajda v. Reick-McJunkin Dairy Co.

This is an aetion for damages in causing the death of the deceased, a boy nine years old, who was struck and killed by defendant’s truck, traveling on the public highway. Judgment was rendered for defendant on verdict directed by tbe court. This writ is to review that aetion.

The road was paved for a width of nine feet; a so-called ditch skirted the road on the north, separated from the paved portion by a “berm” of earth 3 feet in width, called a sidewalk. Shortly before the accident (about noon) the boy left home for school, walking down the driveway which led from his home to the road. When…