Milne v. Edson
Milne v. Edson
Opinion of the Court
As the defendant was driving a pick-up motor truck on the main street through the village of Plainfield at about 8:30 in the forenoon on June &6, 1945, he ran into the plaintiff, a boy going into the age of 7.' Viewed most favorably to the plaintiff the evidence tended to show the following facts: The highway consisted of two cement lanes, and was straight and slightly down grade in the direction in which the defendant was traveling. The plaintiff resided in a house on defendant’s right side. Past this house there was a narrow road shoulder and a cement curb. A short distance back of the curb and parallel thereto there were a large lilac bush on the corner of the house lot, a tree-like hydrangea bush in the middle, and some barberry bushes near a driveway at the end of the curb. The hydrangea was nearly as tall as the lilac, and had branches on which children had swung. The lilac and hydrangea tended to shield objects on the lawn in front of the house from the view of a traveler upon the highway approaching in the direction that the defendant was traveling. The defendant was familiar with the street and knew that children frequently played in that general locality. The plaintiff was a bright boy and got good marks at school. He had been taught by the school patrol not to cross the street in front of automobiles. He knew of the danger of getting hit and had previously waited for cars to pass. Every
At the close of the plaintiff’s evidence the court granted defendant’s motion for a directed verdict and entered judgment for the defendant, to all which the plaintiff excepted.
Plaintiff’s declaration alleges that the defendant was negligent in three respects, namely, that he failed to maintain a reasonable and proper lookout for persons walking on the highway, that he drove at an excessive speed, and that he failed to keep his car under proper control. There was no evidence of defendant’s speed, or as to how long it took him to stop, or as to what part of his truck came into contact with the plaintiff, whether the front or side. Nor was there any evidence of the position of the truck upon the highway at any time, or where it was when the plaintiff first appeared from behind the shrubbery, or as to whether the defendant had sufficient time to stop or turn aside or to warn the plaintiff. Under the circumstances disclosed the failure of the defendant to see the plaintiff affords no reasonable inference that the defendant failed to maintain a reasonable and proper lookout for persons walking on the highway, as alleged. We have here, at the most, evidence which makes it merely possible or conjectural that the defendant was
Judgment Affirmed.
Reference
- Full Case Name
- Robert Milne, by Guardian ad litem v. J. Leo Edson
- Status
- Published