WARREN V. JEFFRIES
139 S.E.2d 718 (1965)
NATURE OF THE CASE: Warren (P), administratrix, sought review from a judgment of the
trial court, which entered a judgment of involuntary nonsuit at the close of her evidence in
her wrongful death action against Jeffries (D), car owner.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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