Ackerman Ex Rel. Ackerman v. Theis

Otis, Justice.

This is an action on behalf of a 4-year-old child for personal injuries sustained when she was struck by defendant’s automobile. The jury returned a verdict for defendant, and plaintiff appeals from an order denying judgment n. o. v. or a new trial.

On Halloween night, October 31, 1964, at approximately 6:30 p. m., defendant was driving his automobile through the village of Eden Valley on Minnesota Highway No. 22, when plaintiff’s daughter, Carol, ran into the street from defendant’s left and was struck by defendant’s car, sustaining the injuries for which this action is brought.…