Delay Ex Rel. Delay v. Ward

This is an action for damages for personal injuries sustained by plaintiff, a three year old child, when she was struck and injured by an automobile operated by defendant. The cause was submitted solely upon humanitarian negligence in failing to slacken speed, swerve or warn. Yerdict and judgment were for plaintiff for $2000.

Defendant took an appeal to the Springfield Court of Appeals and that court ordered the judgment reversed and judgment entered for defendant on the ground that the trial court should have directed a verdict for defendant, as requested. The court said: ‘ ‘ There is not the…