Bowers v. Colonial Warehouse Co.

Plaintiff’s intestate, a lad 15 years old, walked into the side of a moving truck on Hennepin avenue in Minneapolis, on November 18, 1920, stumbled and fell so that one of Ms legs was crushed under the rear wheel, resulting fatally. In this action to> recover damages against the driver and his employer a verdict was returned for the defendants. Plaintiff appeals from the order denying a new trial.

The only error assigned is the refusal of the court to instruct as follows: “Upon approaching a pedestrian who is upon the traveled part of any highway * * * every person operating a motor vehicle…