Rutledge v. Baldi

STOCKARD, Commissioner.

Plaintiffs have appealed from a judgment for defendant, entered pursuant to jury ver- diet, in their suit for $25,000 for the wrongful death of their minor son.

David Lee Rutledge, four years of age at the time of his death, was playing in a toy pedal car in the driveway of his home. He rolled backward down the driveway into the street where he was struck by an automobile operated by defendant and sustained injuries resulting in his death.

Plaintiffs contend that the trial court erred in refusing to sustain their motion for a directed verdict at the close of all the…