Stutz v. Moody

Defendants Mr. and Mrs. William Moody appeal from a judgment for personal injuries sus tained by plaintiff Michael D. Stutz. This case was tried to the court without a jury.

The 14-year-old plaintiff was walking home from school at about 5:20 p.m. on December 1, 1966 when he was struck from behind by defendants’ automobile, driven by Mr. Moody. He was walking with his back to vehicular traffic proceeding in the same direction. Although there is some dispute as to whether the boy was on the highway or on the graveled shoulder of the road, there was substantial evidence that he was on the…