Betancourt v. Wilson

On this record, the finding of negligence on the part of defendant was against the weight of the evidence and, furthermore, the testimony of infant plaintiff and his friends establishes that the infant plaintiff must have been guilty of contributory negligence as a matter of law. Since none of plaintiff’s witnesses claims to have seen defendant’s automobile before it struck the infant plaintiff, although the street through which the automobile passed was open to observation for a distance of over 200 feet, there is nothing to show the rate of speed or the other manner of driving on the part…