Flyer v. Del Borrell

Claudia Jan Flyer, a six year old girl, and Irving N. Flyer, her father, sued Alice Catherine Del Borrell, driver of an automobile, and Paul Francis Del Borrell, owner, for damages resulting to them, respectively, from an accident in which the automobile struck the child. At the conclusion of the plaintiffs’ case the court below, on motion of the defendants, directed a verdict in their favor on the ground that the evidence did not show any primary negligence on the part of the driver of the striking automobile. From the judgment which followed, the plaintiffs appealed to this Court.

In passing…