Tom v. Baca

BERNSTEIN, Chief Justice.

Appellant was plaintiff in a suit for injuries to his minor son. A verdict was directed in favor of the defendant at the close of plaintiff’s case and plaintiff appeals from the judgment entered on that verdict.

The minor plaintiff was walking on a path beside a dirt road. The defendant was driving down the road pulling a trailer. The trailer broke loose and hit the minor plaintiff. The officer who investigated the accident testified that he could not remember the facts of the accident and that his accident report did not refresh his recollection. From his accident…