Burke Greis Co. v. Ballard

Action by W. E. Ballard and Flora Ballard against • Burke Greis Company, a corporation, for the alleged wrongful death of Norma Jean Ballard. Verdict and judgment for defendant, and from an order of the trial court granting plaintiffs a new trial, defendant appeals.

On November 12, 1942, Norma Jean Ballard, a 10-year old girl, was instantly killed on North Broadway, the main thoroughfare for northbound traffic out of Ada. About two blocks from the business center of Ada, the Frisco tracks intersect and cross Broadway and at this point there is no sidewalk adjacent to the highway, but…