Roselle v. Bingham

Opinion op the Court by

Hobson, Commissioner—

Affirming in part and reversing’ in part.

Patricia L. Roselle, a cliild between four and five years old, was struck and painfully injured by a car driven by James H. Misselbrook, and owned by him. This action was brought by her next friend against James H. Misselbrook and Barry W. Bingham to recover for her injury. On the trial of the case, the jury found for the defendants. The court refused a new trial, and the plaintiff appeals.

The facts shown by the proof are, briefly, these: James H. Misselbrook was going to Louisville on the Biver road in his…