Apps v. Walters

Plaintiff brought this action to recover damages for personal injuries resulting from defendant’s automobile striking him and breaking his leg while he was playing in the street. The declaration is in the usual form, the charged negligence being “wrongfully driving his automobile at an excessive rate of speed on the wrong side of the street.” The testimony shows that on April 23, 1918, David C. Apps was playing with a group of other boys on the west side of Garland avenue, in the city of Detroit, which runs north and south and is 26 feet in width from curb to curb. Defendant was driving his…