Vought v. Jones

On September 16, 1961, Hubert E. Jones, through Robert M. Smith, his agent and employee, operated a truck from which he sold and dispensed ice cream along the streets of the city of Newport News. On that day the truck was parked on the western side of Lucas road, headed south, and ice cream was being served to a number of children in the neighborhood. Martin S. Vought, aged five years and eleven months, who lived on the eastern side of Lucas road, went from his home across the road to the truck and purchased an ice-cream cone. On returning across the road toward his home he was struck and…