Schwartz v. Helms Bakery Limited

Plaintiff Scott Schwartz, age four, was struck by an automobile as he crossed a street in the middle of *235the block to buy a doughnut from defendant Taylor, the driver of a retail truck owned by defendant Helms Bakery Limited. The trial court granted a motion for nonsuit. We reverse. We hold that by undertaking to direct the child to an assigned rendezvous with the truck the defendants assumed a duty to exercise due care for his safety. The trial court therefore erroneously withdrew from the jury the questions whether defendants negligently discharged their duty and whether such negligence…