Olney v. Carmichael

Melvin Olney, a three-year old boy, and Howard Olney, his father, sued in separate actions the Checket Columbia Company, owner of an automobile, and Arthur C. Carmichael, its employee and the driver, for damages resulting to them, respectively, from an accident in which the automobile struck the child. At the conclusion of the plaintiffs’ case, (the two cases were tried together), the Court instructed the jury, on motion of the defendants, that there was no evidence of any primary negligence and that they must find a verdict in favor of the defendant in each case. From the judgment which…