Bielski v. Rising

The appellee, a boy then ten years of age, was struck by a bakery truck driven by the appellant, while the boy, with two other small boys, was pushing a toy wagon across the Key Highway in Baltimore City at Jackson Street; and he has recovered judgment against the driver, Bielski, for damages alleged to have been sustained by him. On the appeal by Bielski, two questions are raised: (1) Whether the evidence established contributory negligence on the boy’s part beyond controversy, so that the defendant was entitled to have the court direct a verdict in his favor because of that fact; and' (2)…