Ross v. Robert's Express Co.

The defendant Plante argues that he was confronted with an emergency through no fault of his own and that prior to the emergency he did nothing that could be construed to be negligence. Since a motorist is not an insurer against all accidents involving injuries to children, and since there was evidence that the child, Lita, broke away from her custodian and darted in front of the motorist, the jury could have found for the defendant. However, there was other evidence favorable to the plaintiffs which justified the jury’s verdict in this case. The “first thing I knew my sister had let go of…