Eckensberger v. Amend

The plaintiff, a little boy, six years old, sued to recover damages for serious and permanent injuries sustained by him from being negligently run over by a horse and wagon owned and controlled by defendant and driven by his servant. The appellant’s contention is that the proof shows that the boy’s injury Avas the result of a mere accident, not occasioned by any negligence of his driver, and that his motion for a nonsuit at the close of plaintiff’s case should have been granted. He did not move for a dismissal or for the direction of a verdict in his favor after he had closed his evidence and…