U.S. Court of Appeals for the D.C. Circuit, 1959

Lennert Ekberg, Jr., a Minor, by Lennert Ekberg, Sr., His Father and Next Friend, and Lennert Ekberg, Sr. v. Richard Dean Gifford

Lennert Ekberg, Jr., a Minor, by Lennert Ekberg, Sr., His Father and Next Friend, and Lennert Ekberg, Sr. v. Richard Dean Gifford
U.S. Court of Appeals for the D.C. Circuit · Decided January 13, 1959 · Reed, Edgerton, Fahy
262 F.2d 231 (Federal Reporter, Second Series)

Lennert Ekberg, Jr., a Minor, by Lennert Ekberg, Sr., His Father and Next Friend, and Lennert Ekberg, Sr. v. Richard Dean Gifford

Opinion

PER CURIAM.

This appeal is from a judgment based on a directed verdict for the defendant in a suit for personal injuries. A car driven by the defendant injured the minor plaintiff, a somewhat handicapped 8-year old boy. The boy was crossing the street and was more than half-way across when the defendant’s car struck him. The driver of a car traveling in the opposite direction had seen the boy and had stopped his car in time to avoid striking him. We think it was error to direct a verdict for the defendant at the close of the plaintiff’s case.

Reversed.

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