Borden v. Daniel

The primary question in these cases is whether the defendant Daniel, while on duty as a rural mail carrier, was guilty of negligence, either common law or statutory, in stopping with his car partially on the paved portion of the highway. The trial court.directed verdicts for the defendant and plaintiffs have appealed.

Plaintiff David Borden, 4 years of age, was struck and injured in front of his home by a ear driven by one Don Bogers as he attempted to cross the highway in front of defendant who had stopped his car for the purpose of selling a stamp. Don B. Borden, as next friend for his son…