McGuire v. Reenders Dairy Co.

Defendant was owner of a milk truck being driven by its employee within the ambit of his employment. It struck and injured 2-1/2- -year-old plaintiff, Jeanne McGuire. The 2 suits, here consolidated, are, respectively, for her damages and those of her father, plaintiff Donald McGuire, resulting from her injuries. From judgments for defendant, entered on the jury’s verdict of no cause for action, plaintiffs appeal.

The accident occurred on a north and south street, paved with tarvia 18 feet wide, but without curbs, gutters or sidewalks. The area is residential and the lawns slope from the houses…