Jones v. Carney

Opinion by

Mr. Justice Arnold,

The plaintiff appeals from the order of the court below refusing to take off a nonsuit in an action of trespass for personal injuries suffered by a three year old child when struck by defendant’s automobile.

In accordance with the well known rule of law that the testimony must be viewed in a manner most favorable to plaintiffs, giving them the benefit of all rea sonable inferences that may be drawn therefrom, we think that the order of the court below must be reversed.

On a clear, dry day defendant was driving his car in a northerly direction on Day Street, between…