Valcour v. Simon Hubig Co.

Plaintiff, on behalf of his minor son, George Valcour, Jr., brings this action for damages for physical injuries sustained by his said son as a result of his having been run over by a motor truck operated by an employee of the defendant corporation.

The negligence charged consists of the alleged excessive speed of the truck and want of control by the driver thereof.

The defendant denies all charges of negligence and avers .the accident was unavoidable.

There was judgment for defendant and plaintiff has appealed.

The injured child was a small negro boy eight years old, and, at the time of the…