Davenport v. Robbins

Charles Robbins and wife brought this action against Johnny Davenport to recover for the death of their son James Robbins who was killed at the age of five years as the result of a collision between the automobile of Davenport, operated by him, and a sled on which James Robbins was sleigh riding.

There was a verdict and judgment in favor of the plaintiffs for $12,500 from which defendant Davenport prosecutes the present appeal. The first assignment makes the insistence that there is no material evidence of negligence in the operation of the car and that the court should have directed a verdict…