Bolek v. West Shore Transport Co.

This is a wrongful death action, in which the plaintiff administrator appeals from a not guilty verdict and judgment, contending that the trial court erred in striking part of the complaint and in the giving and refusing of instructions.

The decedent, a 9-year-old hoy, was fatally injured on August 19, 1957, while riding a bicycle which collided with a tractor-trailer in a street crossing. He was survived by his parents and a minor sister. An eyewitness and two post-occurrence witnesses testified for plaintiff, and the tractor driver testified for defendants.

Plaintiff’s eyewitness, Emil Byke,…