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Lennert EKBERG, Jr., a Minor, by Lennert Ekberg, Sr., his father and next friend, and Lennert Ekberg, Sr., Appellants, v. Richard Dean GIFFORD, Appellee

United States Court of Appeals for the District of Columbia Circuit1958-12-04No. No. 14560
262 F.2d 231

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Opinion

majority 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.