Hoskins v. Hoskins Ex Rel. Hoskins

WADDILL, Commissioner.

The only question presented on this appeal is whether the court erred in failing to direct a verdict in favor of the appellant.

Evelyn Hoskins,, five years of age, was injured when she ran from a schoolyard into the right rear wheel of appellant’s truck. The accident occurred during the afternoon of December 5, 1955, while appellant’s truck was proceeding slowly by the school on a narrow public road.

Suing by her next friend, Evelyn Hoskins sought to recover damages from the appellant for personal injuries she sustained as a result of the accident. The action was based…