Baker v. Mason

On Rehearing of Petition to Transfer

Hunter, J.

This is an action brought for the appellant by his father and next friend against appellee to recover damages for personal injuries and is based on the alleged negligence of the appellee in the operation of her automobile in an accident which occurred in Indianapolis on March 31, 1961.

The appellant, who was three years old at the time of the accident, was playing near the intersection of 28th Street and Sherman Drive. The appellee was driving north on Sherman Drive and testified that she first saw the appellant playing near the street when she was…