Samson v. Abramson

This is an action of tort wherein the plain*478tiff seeks to recover compensation for personal injuries sustained by reason of being knocked down on a highway by a truck of the defendant. The defendant rightly concedes that there was evidence of negligence on the part of the driver of the truck. The only question for consideration is whether there was evidence that the plaintiff or his custodians were in the exercise of the requisite degree of care.

The plaintiff at the time of the accident was five and one half years of age. On the morning in question his mother sent him with his brother, aged…