Witthauer ex rel. Witthauer v. Paxton-Mitchell Co.

This is an appeal by the defendant Paxton-Mitchell Company from a verdict of $2,500, returned against the said company and Joe Gryva, the driver of its truck, for personal injuries sustained by Albert Witthauer, a boy six years of age, who was struck by said truck. The defendant Joe Gryva filed a motion for a new trial, but did not appeal to this court when such motion was overruled.

The principal assignment of error by the defendant appealing is that the court failed to sustain a motion for a di*437rected verdict at the close of plaintiff’s evidence and again at the close of all the testimony.

Plai…