Lindberg

In this action instituted by plaintiff, guardian ad litem, of Robert Lindberg, a minor, to recover damages for personal injuries, a verdict was returned in his favor against defendants for $500. Judgment followed, and defendants appealed. The defendants were engaged in the retail grocery business, and in connection therewith operated a delivery truck. On the morning of October 6, 1923, defendant Antonio Pantoleon drove out in the truck to solicit business. In front of the residence of one of his customers he parked the ear with its back facing the sidewalk, and started to walk toward the home of the prospective customer. The evidence is somewhat conflicting and uncertain as to whether Pantoleon had reached the house or was leaving it when the cry of “Tony!” attracted his attention and he hurried to the front of the truck and there saw Robert Lindberg, seemingly in pain, in front of the truck. The boy had broken his forearm in attempting to crank the automobile.

Appellants’ first contention is that the judgment is not supported by the evidence, and claim that Antonio Pantoleon did not request Robert Lindberg to crank the car. The testimony does not show that an express request was…