Hoff v. Ward Baking Co.
Hoff v. Ward Baking Co.
Opinion of the Court
Opinion by
We think the learned trial judge correctly entered judgment for the defendant n. o. v. When the employee of the defendant crossed the street on which the boys were coasting, he was not required to anticipate that the
As was said by the learned trial judge, “We are of opinion that nothing which the driver of the wagon could have seen before coming to the street would indicate anything more to him than that boys were playing on Mill-vale street, or would require him to stop before coming to it or oblige him to anticipate the possibility of their running into his wagon.”
Judgment affirmed.
Reference
- Full Case Name
- Hoff v. Ward Baking Company
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Negligence — Collision between wagon and sled — Boys coasting. The driver of a wagon cannot be charged with negligence in causing the death of a boy seven years old at a crossing, where it appears that the boy at the time of the accident was riding on a sled back of another boy who was guiding it; that the lads were coasting down a steep cross-street; that the boy who was guiding the sled was not able to deflect it, so that it struck the rear of the wagon; and that there was space back of the wagon sufficient for the sled to have passed if it had been deflected.