White v. . Chappell

CLARKSON and SEAWELL, JJ., concur in dissent. Civil action for recovery of damages resulting allegedly from wrongful death of W. E. White, Jr. C. S., 160-161.

The record tends to show this factual situation:

Plaintiff's intestate, W. E. White, Jr., a bright and intelligent boy, nine days less than eight years of age, was fatally injured about 7:30 o'clock on the night of 8 April, 1939, when stricken by an automobile owned and operated by defendant Hemby Chappell, traveling south along the paved portion of the western half of the highway between Hertford and Winfall in this State. The boy had…