Holbert v. Evans

Oliver A. Holbert, III, an infant four years of age, by his mother and next friend, Catherine Holbert, the plaintiff, filed a motion for judgment against Frankie Jeanette Evans, the defendant, seeking to recover damages for personal injuries sustained by the infant plaintiff when he was struck, while a pedestrian, by an automobile allegedly being operated in a negligent manner by the defendant.

A jury trial resulted in a verdict in favor of the defendant. The verdict was approved by the trial court, and the plaintiff was granted a writ of error.

Under familiar rules, the evidence will be stated…