Schaben Ex Rel. Schaben v. Kohles

MOORE, Chief Justice.

On June 8, 1967 plaintiff, age 6, was struck and seriously injured by a pickup truck owned and operated by defendant. Plaintiff’s action for injuries and damages therefrom, upon trial to the court, resulted in a $72,731.95 judgment for plaintiff. Defendant has appealed. We affirm.

Most of the evidence is not in conflict. On the accident date and for considerable time prior thereto Timothy Schaben with his six brothers and sisters lived in his parents’ farm home. It was on the north side of a 24-foot wide gravel road approximately 10 miles south of Denison. The road rises…