Nielsen v. Henry H. Stevens, Inc.

In this case plaintiff appeals from a jury verdict, claiming primarily that the trial judge’s charge dealing with defendants’ duty to a trespassing child was fatally erroneous.

Plaintiff is the father of David Thomas Nielsen, a minor, who was 7 years old at the time of this accident on Saturday, October 6,1951. Plaintiff sues as guardian of the boy to seek recovery for his injuries, and in his own right to recover for hospital and doctor bills.

The facts in this record reveal that the injury to the boy took place when a truck owned by defendant Stevens, Inc., and driven by defendant Katona, and…