Audette v. Lindahl

Matson, Justice.

Appeal in a personal injury action from an order denying plaintiff’s motion for a new trial.

Plaintiff, a boy five years of age, was injured when struck by a gravel truck driven by defendant Stephen Harmon and owned by defendant A. E. Lindahl. The accident occurred in Minneapolis on September 10, 1947, between 9 and 10 a. m., on Forty-fourth avenue north in the block just east of the Webber Parkway intersection. On each side of the street is a park area devoted to trees and grass. A playground, equipped with swings, teeter-totters, and similar items, as part of the park area,…