Sampson

Plaintiff Sandra Lynn Sampson, a minor aged 20 months at the time of the accident, and her father sued for damages resulting from an accident in which the minor plaintiff was hit, while crossing a public street, by a car owned by defendant Albert Fetta and driven by defendant John Walter Fetta.

The firm rule is that, on appeal, evidence should be viewed most favorably to the respondent. However, even if we reverse the procedure, the evidence viewed most favorably for appellants showed no more than that the minor plaintiff, having evaded the watching eyes of her mother and grandmother, ventured' from the backyard, down a driveway and out to the street. Attracted, as it is claimed, by two boys and their dogs on the other side of the street, the child moved toward them. She was “toddling,” which one witness described *246 as “between a walk and a run.” After she had progressed between 3 to 4 feet from the curb, she was observed by defendant driver. He immediately applied his brakes, and swung his car in an attempt to avoid the child, but his momentum carried him far enough to hit the child and about 10 feet further. Admittedly, the street was clear, it was daylight, and no parked…