Starland Dairies, Inc. v. Evans

Russell, Judge.

1. (a) The defendant Starland Dairies, Inc. assigns error only on the overruling of its general demurrer to a petition alleging that the plaintiff, a two and a half year old child, sustained described injuries resulting from defendant’s negligence in leaving a horse-drawn milk wagon, located on a utility road serving apartment houses, unattended with children, including the plaintiff, playing on and around it. The infant plaintiff climbed into the open wagon, was thrown out when the horse jerked the wagon forward, and was run over by the rear wheel of the vehicle. The defendant…