Barrett v. Alamito Dairy Co.

Dewey Barrett, a minor, by his next friend, brought this action against the defendant to recover damages for personal injuries received by him in a collision between an automobile in which he was riding and a milk wagon driven by an employee of the defendant. His cause of action is based upon the alleged negligence of the defendant. At the close of the plaintiff’s testimony the trial court, on motion of the defendant, directed a verdict in its favor, and dismissed the plaintiff’s action. The plaintiff has appealed.

Counsel for plaintiff correctly, we think, states that the main question to be…