Hettich's Adm'r v. Mellwood Dairy, Inc.

STANLEY, Commissioner.

The appeal is from a judgment for the defendants in an action for damages for the death of a 21 months old child, Judith Ann Hettich, alleged to have been caused by being struck' by a large milk truck backing in the avenue of the child’s home near O’Ban-non Station in Jefferson County.

A driveway from the highway terminated in a circle at the side of the house and yard. About half past seven o’clock in the morning of May 21, 1952, the truck of the defendant, Mellwood Dairy, driven by its co-defendant, Charles A. Bromley, in accordance with a custom of several years, was…