Ellis v. Trowen Frozen Products, Inc.

This is an action for personal injuries suffered by the 5-year-old plaintiff when she was struck by an automobile while crossing the street to make a purchase from defendant’s ice cream truck. Upon the conclusion of plaintiff’s case, the trial court, sitting with a jury, granted a judgment of nonsuit in favor of defendant. Plaintiff appeals from this judgment.

The facts of the case will be stated according to the familiar rule that the evidence must be viewed in the light most favorable to plaintiff, disregarding conflicting evidence on behalf of the defendant and indulging in every reasonable…