Sparks v. . Willis

Tbe only question presented by tbis appeal is whether tbe plaintiff has offered sufficient evidence of actionable negligence on tbe part of tbe defendant to carry tbe case to tbe jury.

Tbe plaintiff’s intestate, a child six years of age, was crushed to death under tbe rear wheels of a heavily loaded motor truck driven by tbe defendant. Tbe fatal accident occurred on a street within tbe corporate limits of tbe Town of Spruce Pine. Tbe street was paved, 18 feet wide, and extended in an east and west direction. The truck was proceeding east, and tbe child came from tbe south side of tbe street…