King v. Cipriani

OPINION

By HAMILTON, PJ.

Robert King, a child of less than seven years, brought an action through his mother to recover from Philip Cipriani for personal injuries.

At the close of the plaintiff’s evidence in the case, the court instructed a verdict for the defendant and judgment was entered on the verdict. This presents a question of law as to whether or not the plaintiff had produced sufficient evidence to justify a submission of the case to the jury.

The record discloses that the defendant below, who is also defendant in error here, owned and operated a bakery near the place where the Kings…