Miller ex rel. Miller v. Dowling

WOLFE, Judge.

This is an action to recover damages arising out of personal injuries. The injuries were sustained when a bicycle upon which the plaintiff was riding came into collision with an automobile operated by the defendant. There was a verdict and judgment for the defendant, but the trial court sustained plaintiff’s motion for a new trial, and the defendant has appealed.

The evidence presented by the plaintiff consisted, first, of the testimony of the plaintiff William Miller. He stated that he was eleven years old at the time of the accident, which occurred on the afternoon of September…