Killen v. Benton

Declaration by Emmanuel Killen, a minor, against Robert N. Benton and Ralph Lyle Benton for injuries sustained when an automobile driven by Ralph Lyle Benton struck plaintiff. Derivative action by Ulysses D. Killen. Judgments non obstante veredicto on liability for plaintiffs and new trial ordered on damages. Defendants appeal. The minor plaintiff, Emmanuel Killen, a 9-1/2-year-old boy, was injured on September 19, 1961, on the way home from school with his two sisters, one 14 years old and the other 7-1/2 years old. The scene of the accident in the city of Saginaw was the T-shaped intersection at which 15th street enters Jane street from the south and terminates. The three children had been walking along the sidewalk on the south side of Jane street in an easterly direction. When Emmanuel reached the intersection, he was some distance ahead of his sisters, and there was evidence that he stopped at the west curb of 15th street and then proceeded to walk across.