Carlson v. Sanitary Farm Dairies, Inc.

The evidence in this case required the trial court to submit the issue of “wilful and Avanton negligence” to the jury. The evidence justified findings that the boy was in a position of peril, that the defendant Arnold knew that he Avas in that position, that he realized the necessity for taking action to avoid injuring the boy, and that he failed to take action which would have avoided the injury. The testimony sIioavs that the boy Avas partly in the alley, in a position in which he Avas in front of and Avould be hit by the approaching automobile, when the driver first suav him. The boy was…