Fenton Dry Cleaning & Dyeing Co. v. Hamilton

Opinion op the Court by

Chief Justice Clay—

Reversing.

In this action for personal injuries by Richard Hamilton, suing by his nest friend, Elmer Hamilton, against the Fenton Dry Cleaning & Dyeing Company, plaintiff recovered a verdict and judgment for $500: Defendant appeals.

At the time of the accident plaintiff was about three years of age. He and other children were playing on or near the sidewalk on the north side of Elm street in the city of Ludlow, at a point 30 or 40 feet from the east line of the intersection of Elm street with Locust street. Appellant’s truck was being driven by John E.…