Spring v. Herriman

Per Curiam,

The plaintiffs’ testimony furnished sufficient evidence of defendant’s negligence to sustain the verdict and judgment in this case. Defendant did not choose to take the witness stand, or offer any testimony, so the only question before the jury was whether or not they believed the testimony produced on behalf of the plaintiffs.

A nine year old boy standing still on the side of the road, five feet away from the paved roadway, could not have been hit by the defendant’s car unless it was off the roadway; and to go five feet off the roadway on a bright, clear day, with a dry road, free…