Szopieray v. West Berkeley Express & Draying Co.

This is an action for damages for personal injuries to a minor, alleged to have been caused by a truck heavily laden and driven by horses passing over the child’s left leg, crushing it and rendering amputation necessary. The complaint was demurred to and an amended complaint filed. Issue was joined on the facts of the accident, contributory negligence was pleaded, and the answer further alleged that the parents of the minor “are guilty of negligence in allowing said child of such tender years to be alone upon said public street.” When the plaintiff rested a motion for nonsuit was interposed…