Bakos

The appellant instituted an action for damages against the respondents alleging that as owner and driver respectively of a truck and trailer, they negligently caused the fatal injury of his son. Judgment was entered in accordance with a verdict in favor of the defendants and the plaintiff appealed.

The respondent Kelly was driving a large truck to which was attached a trailer at a legal distance to the rear, at a rate of about thirteen or fourteen miles per hour, upon a paved thoroughfare, at the right side of which and about twelve feet distant was an embankment. As he passed a vacant, uninclosed area, he observed two small children, one of whom proved to be appellant’s boy, about six and one-half years of age, run from the vacant lot to said embankment, where they stopped. The driver of another machine, who witnessed the accident, testified: “They stopped just about the front end of the truck, and just as quick as the back end of the truck began to come past them, they started down off of that embankment and right in between the truck and trailer and one of them dropped back and the other one didn’t and both wheels of the trailer ran over the little fellow.”

Evidence tending…