Michalsky v. Gaertner

OPINION

By WASHBURN, J.

The record discloses that the plaintiff, at the time and before the accident, was sickly, that he was behind in his school work, that he was slow mentally and also in his physical movements, and that he was 9 years of age and rather small for a boy of his ago.

The evidence, as shown b^ the record, is such as to fully justify the conclusion that a part of the defendant’s car was on the left, or east, side of the center of the street, and that plaintiff was struck just as he was passing the left end of defendant’s bumper, and that plaintiff’s body came to rest within a few…