Plaintiff's intestate, a child three and a half years of age, with members of his family, was picnicking in a park maintained by the defendant city. The park caretaker instructed one Peters to remove his automobile from the picnic area to the parking space maintained and designated for that purpose. As Peters was doing so, his automobile struck plaintiff's intestate, who thereby sustained injuries which resulted in his death. In setting aside the verdict and directing dismissal...
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