Barner v. Whitehead

Lloyd Barner, an infant seven years of age, instituted this action by Earnestine L. Barner,, next friend and mother, against James Whitehead for damages. The motion for judgment alleged that the plaintiff was seriously injured while “crossing 17th Street” in Newport News, when he was struck, knocked down and dragged by a vehicle operated by James Whitehead, the defendant, in a negligent and careless manner. The jury returned a verdict for the defendant upon which judgment was entered, and we granted the plaintiff a writ of error.

In his assignments of error, the plaintiff contends that the…