Zimmer v. Clark

Opinion by

Kelle®, J.,

This action was brought to recover the damages sustained by a four year old child, and her parents, by her being knocked down and run over by defendant, while driving his automobile. From the judgment in the minor plaintiff’s favor this appeal is taken.

The case raised questions of fact which were submitted by the trial judge to the jury in a charge to which no exceptions were taken, beyond the refusal to give binding instructions for the defendant.

Appellant contends that the incontrovertible physical facts adduced on the trial were such as to prevent a recovery by the…