Nicosia v. Good Humor Corp.

An eight-year-old girl pedestrian collided with a passing car while crossing a road from behind an ice-cream truck. As a result, plaintiffs filed a damages action against both the ice-cream truck owner and the driver of the car. After plaintiffs presented their proofs in a jury trial, the circuit court directed a verdict for defendants, finding that actionable negligence had not been shown, and that the girl was contribntorily negligent as a matter of law. The court denied plaintiffs’ motion for a new trial, and plaintiffs herein appeal the court’s i*ulings.

The question, simply, is whether…