Orris v. Tolerton & Warfield Co.

-The plaintiff’s fonr-year-old boy was run over by defendant’s truck, then being operated by Elmer A. Taylor, an employee. Defendant seeks to sustain the ruling of the court below directing a verdict in its favor upon the grounds: 1. The driver of the truck was not negligent. 2. The plaintiff (not the child) was negligent. 3. On the occasion of the accident, Taylor was outside the scope of his employment. The first two grounds need but little attention.

I. Plaintiff introduced a number of witnesses from whose testimony it might be found that the little boy, when struck, was, and for five…