Elliott v. A. J. Smith Contracting Co.

Plaintiff’s 5-year old son suddenly darted across Telegraph road into the left rear wheel of defendant’s truck and was instantly killed, on March 10, 1955.

Telegraph road is a heavily traveled highway with 2 lanes for northbound and 2 for southbound traffic. The accident occurred on the outskirts of Dearborn, where both sides of the road were undeveloped.

Defendant, a road and sewer contractor, was engaged in construction work in the vicinity of Michigan avenue, west of Telegraph. Defendant’s employee, Hunter, was driving north in the extreme right lane and a Mrs. Devereaux was driving her…