Beliak v. Plants

PHELPS, Justice.

This is an appeal from a judgment in favor of appellee Walter Stanton Plants (hereinafter designated as defendant) and against appellants Bernhard Beliak by his next friend, Jacob Beliak, and Jacob Beliak individually. (Beliak will be hereafter designated as plaintiff, and the child, as Bern-hard.)

The facts are that Bernhard is the infant son of plaintiff. On May 10, 1954, Bern-hard who was then five and one-half years old was seriously injured by an automobile operated by defendant. The parties lived on the same street which was only one block long, unpaved and without curbs…