Harkness v. Zube

Defendant appeals from the order denying his alternative motion for judgment or a new trial after a verdict for plaintiff.

Defendant was charged with having caused the death of plaintiff’s intestate, a girl not quite seven years old, by the negligent operation of his automobile on a street in Rochester, Minnesota. The street, 66 feet wide, is through a residential district. The traveled roadway is 26 feet wide, on either side of which are boulevards or grass plots with sidewalks and shade trees. There are no curbs. The girl was with another girl, 12 years old, who was bouncing a ball with a…