Mahler v. Stott

After a jury was impaneled in this case, the following occurred:

“By agreement of counsel, Mr. Chipman, for plaintiff, made the following statement of facts, with the understanding that the statement should stand in place of testimony, as being the case which the plaintiff made:

“Mr. Chipman: If the Court Please, and Gentlemen of the Jury: In the summer of 1897, during the vacation

time, a number of little boys one morning went on Humboldt avenue, a street in this city which runs north and south, near the corner of Linden street, which runs east and west. About that time a wagon owned by Mr.…