Warren v. Jeffries

139 S.E.2d 718 (1965)

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Nature of the Case

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Facts

A six-year-old boy was run over by a car and died from his injuries. The accident occurred from a parked car that when the boy and other children got ready to go to the store, the car started to roll down an incline towards a ditch. The boy was killed when he jumped out and was run over by the front wheel. D owned the car, and it stood in the driveway for about an hour before the incident. P alleged that D was negligent in that he failed to set the handbrake, neglected to maintain adequate brakes, and failed to engage the transmission. There was no evidence as to the conditions of the brakes, whether the hand brake had been set, or whether the car was in gear. The car was not examined after the accident. The trial court granted an involuntary nonsuit. P appealed.