Kennedy v. Banks

Deen, Judge.

1. There is nothing to indicate that the defendant was traveling at an excessive or illegal speed, that he did not have his car under control, that he was not paying attention, that the vehicle was not in good mechanical condition, or that the view was obstructed. The only real question in the case may be thus stated: where a motor vehicle operator who is otherwise in the exercise of due care has actual knowledge of the presence of a child at the side of the road (he having seen the child cross the highway to the mailbox, and thus perhaps being chargeable with knowledge that it…