Alvarado v. Tucker

CROCKETT, Justice.

Angela Alvarado, age 11, ran into the street and was struck by the defendant’s car. From a judgment dismissing her action, granted under Rule 41(b) U.R.C.P. at the conclusion of the plaintiff’s evidence, she appeals.

On this appeal we are concerned with the sufficiency of the evidence to raise a jury question as to (a) defendant’s negligence, and (b) its proximate cause of plaintiff’s injury.

On the evening of March 17, 1952, the plaintiff was playing tag with her girl friend, Karen Norton 'and her brother. He was chasing the two girls along the east side of Eccles Avenue in…