Curley v. Edwin A. Smith & Sons, Inc.

Opinion by

Mr. Justice Linn,

Plaintiffs appeal from judgment on a verdict for defendant. On a clear day a five year old child tvas struck by the fender of a truck on Market Street at or near the intersection of 56th Street in Philadelphia. The truck was moving eastward on Market Street and the child was crossing from the northern side of the street. There was disagreement whether the accident occurred at the intersection or some “thirty-five to fifty feet” east of it. There was evidence that the child was struck by the left front fender of the truck and that the driver neither saw the child nor…