Hopkins v. Lake

348 Mich. 382 (1957)

83 N.W.2d 262

HOPKINS

v.

LAKE.

Docket No. 38, Calendar No. 46,958.

Supreme Court of Michigan.

Decided May 17, 1957.

Rehearing denied June 10, 1957.

Kelly, Kelly & Kelly, for plaintiff.

Rosenburg, Painter & Davidson, for defendant.

KELLY, J. (dissenting).

Plaintiff (Tommy Hopkins), a boy 4 years and 10 months of age, by his father as next friend, brought this action for damages, claiming that while passing behind defendant's dump truck, defendant placed the truck in motion without making observation and backed into, against and upon plaintiff causing him personal injuries.

Plaintiff…