Benallo v. Bare

This is a tort action with undisputed material facts involving the question of whether plaintiff in error, Joseph Benallo, as driver of an automobile, is liable for the physical injuries suffered by a six year old pedestrian, James Phillip Bare. At the trial, at the close of the evidence, the court took the issue of liability from the jury and directed it to find Benallo guilty of negligence and to decide only the amount of damages recoverable. The jury brought in a verdict in favor of James in the amount of $2,000.

The accident occurred on a clear day at about 2:42 p.m. on November 13, 1962,…