Burns v. Wheeler

Appeal is taken from an order which denied defendant’s motion for summary judgment in a negligence action.

Plaintiff, aged 14, was injured when an automobile in which he was riding, operated by defendant, aged 16, upon a city street at a speed of from 20 to 25 miles per hour, according to plaintiff, or from 10 to 20, according to defendant, skidded on ice or hard-packed snow as it turned at a street intersection, and struck a tree off the left side of the street. Plaintiff had seen defendant drive cars on numerous occasions within the confines of a gasoline station lot, had heard of one…