Carriel v. Federal Compress & Warehouse Co.

WESTERFIELD, Judge.

This is a suit for physical injuries brought on behalf of Myrtle Carriel, a nine year old minor, by her mother, Mrs. Ralph Carriel, against the Federal Compress & Warehouse Company, the owner of a motortruck which ran into and injured Myrtle Carriel on November 24, 1930, under circumstances which, it is alleged, involved the responsibility of defendant. The defense, which prevailed below, is twofold: First, the accident resulted either solely or partially from the negligence of the injured child; second, the truck, at the time of the accident, was in charge of defendant’s…