Frederick ex rel. Frederick v. Hall

DAVIS, Commissioner.

Between 5 :30 and 6:00 p. m. on February 9, 1959, Michael Frederick, a child 2½ years old, was struck by the automobile of ap-pellee, Audrey Hall, on Locust Street in Cynthiana. In a suit prosecuted by Michael, through his father as next friend, a directed verdict denying recovery was rendered. This appeal seeks to reverse the adverse judgment entered pursuant to that directed verdict, asserting: (1) the facts warrant submission of the issues to a jury, and (2) new trial should have been granted pursuant to CR 63.

There was no stenographic report of the evidence at the…