Hoier v. Noel

On May 20, 1955, about 7:50 p. m., as Winston O. Noel was driving eastwardly along Fayette street, in the town of Farmville, his car struck two children who were riding on or playing with a tricycle in the street. David Mason Hoier, aged three, one of the children, was killed, and Ned Wright, aged four, the other child, was injured. Russell C. Hoier, administrator of the estate of the child who was killed, filed the present action for wrongful death against Noel. There was a trial before a jury which returned a verdict for the defendant, upon which the trial court entered judgment. We granted…