Warren v. Jeffries

Pee Curiam.

Terry Lee Enoch, a 6-year old child, was injured when a wheel of defendant’s Chevrolet automobile ran over his body, and from these injuries he died. Plaintiff instituted this action to recover for his alleged wrongful death. From judgment of involuntary nonsuit entered at the close of plaintiff’s evidence, plaintiff appeals.

Plaintiff’s evidence, taken as true for the purposes of this appeal, discloses these facts:

Defendant drove to Terry’s home to see Terry’s father and parked his car in the yard. Terry’s father was not at home and defendant went in the house and waited for his…