Scott

Andrew Scott, aged four years, was struck by an automobile driven by defendant on a public highway in Los Angeles city. By his guardian ad litem, Andrew brought suit to recover for the injuries he sustained, and in a separate action his mother sought reimbursement for the expenses she incurred because of his injuries. Pursuant to stipulation, the actions were consolidated and proceeded to trial. From a judgment of nonsuit and an order denying them new trials both plaintiffs appeal. Because there is evidence which would warrant the jury in finding that the defendant drove negligently and that his negligence was the proximate cause of the accident, the motion for a nonsuit should not have been granted.

From the evidence the jury may well have seen this picture: Andrew and his nurse with his little sister Jean, who is just out of school for the noon recess, are walking south along the east side of Burlington Avenue, between Acacia and Maryland Streets. Jean, six years old, runs across Burlington Avenue to the opposite side. A few seconds more and Andrew breaks away from his nurse, runs around the end of an automobile parked obliquely to the curb and out into the street. When fifteen…