Kirks v. Waller

BOHLING, Commissioner.

David P. Kirks, a minor, by his father as next friend, sued Alvin T. Waller for $50,000 damages for injuries received when struck by a truck operated by defendant. The jury returned a unanimous verdict for defendant. The court granted plaintiff a new trial for error in giving instruction No. 5. Defendant has appealed, and contends said instruction was not erroneous and that plaintiff failed to make a case on the submitted negligence that “defendant could have swerved said truck and given a warning of its approach” under the humanitarian doctrine. If plaintiff failed to…