Tupman's Administrator v. Schmidt

*89Opinion of the Court by

Turner, Commissioner

Reversing.

On the 10th of January, 1921, Woodrow Tupman, an infant then six years, one month and ten days old, was run over and'killed by a one-ton Ford truck operated by an employe of appellees.

This is an action by the administrator of the infant seeking damages for his death because, as alleged, of the negligence of appellees, through their employe, in the operation of the truck.

On the trial below at the conclusion of all the evidence the lower court directed a verdict for the defendants, and the correctness of that ruling is the only question…