R. F. Trant Inc. v. Upton

The defendants truck was proceeding in the direction of Norfolk at a speed estimated from thirty-five to sixty miles an hour, the driver placing his speed at thirty-five miles and Miss Upton, an aunt of the child, who saw the car approaching, saying that she thought it was about fifty-five or sixty miles an hour. The boulevard is straight for a considerable distance in each direction from the point of the accident. An automobile, which was about two-tenths of a mile behind the truck, was going in the same direction and the scene of the accident and its incidents were observable to the driver. The mother and aunt of the child were at the house of the plaintiff at the time on the side porch and heard the truck approaching and saw it. The mother had called to the child and told her to put up her playthings and come to bed. The child was playing at the steps of the side porch at the time and at the call of her mother started around to the other side of the house out of the sight of her mother to put up her toys. The little girl was seen, by a man who was riding in the defendants truck, sitting at the right of the driver, and by the driver of the automobile which was following defendants truck, to run across the boulevard to a point three or four feet off the concrete and stop and pick up something and then turn and run back when she was struck at a point near the middle of the boulevard by the front bumper of the truck. The truck was stopped at a point opposite a fire plug, across Wingfield avenue, which was 114 feet from the point of the impact.