KELLY, J. (dissenting).
Plaintiff (Tommy Hopkins), a boy 4 years and 10 months of age, by his father as next friend, brought this action for damages, claiming that while passing behind defendant's dump truck, defendant placed the truck in motion without making observation and backed into, against and upon plaintiff causing him personal injuries.
Plaintiff appeals from the trial court's order granting defendant's motion for a directed verdict at the...
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