Baker-Evans Ice Cream Co. v. Tedesco

The only question in this case is whether the facts stated in the amended petition constitute a charge of actionable negligence against-the defendant.

The situation presented by the amended petition of the plaintiff, tersely stated, is that for several months prior to the date of the occurrence of the accident related, the plaintiff and other children in the neighborhood had been accustomed to gather' about the truck of the defendant whenever it was in that vicinity, particularly during the absence of the driver on his mission of making deliveries of ice cream or ice; that, although the driver…