Tatum v. Rester

Paul Ward, Justice.

This is a personal injury suit. While George Lee Tatum, a five year old boy (hereafter referred to as appellant), was playing with the children of K. W. Roster (appellee) at Rester’s home he was injured when appellee was attempting to back his car out of the carport.

Suit was filed by George’s father (who, having died later, was replaced by a guardian — -Robert E. Rorex) against appellee to recover damages for the injury allegedly caused by the negligence of appellee. A jury trial resulted in a verdict for appellee.

For a reversal appellant relies on two points which we will…