Johns Ex Rel. Earney v. Day

The sole question presented for decision on this appeal is whether or not the trial judge committed error in sustaining the defendant’s motion for judgment as of nonsuit at the close of plaintiff’s evidence.

The evidence tends to show that while the defendant did not see the plaintiff before the left front wheel of his car had passed over the legs of plaintiff, the evidence further tends to show the plaintiff, a child six years of age at the- time of the accident, ran out into the street in front of the car parked in front of his home and into the pathway of defendant’s car. The evidence…