Grayson v. Yarbrough

Felton, Chief Judge.

1. The evidence did not demand a verdict for the defendant either on the theory (a) that the defendant was not shown to be negligent, or (b) on the theory that the alleged negligence of the plaintiff in permitting the child to be in the street barred her recovery.

(A) The jury was authorized to find that the defendant was negligent in running into or over the child. The evidence authorized the finding that the deceased child, three years old and incapable of being negligent, kicked an inflated football into the street; that a few seconds thereafter the child followed the…