Bolek v. West Shore Transport Co.

Because of the prejudicial trial errors, I am of the opinion that this case should be remanded for a new trial.

The evidence clearly shows that the deceased, a nine-year-old boy, rode his bicycle from the sidewalk into Western Avenue at a crosswalk. The signal light was green in his favor. He was suddenly confronted with impending danger and was struck by the defendants’ trailer-truck which made a turn from Twenty-second Street into Western Avenue and into the boy’s path. This action was brought for the benefit of the boy’s survivors, his parents and a younger sister.

At the conclusion of the…