Majority
p. 667LeRoy A. Bunnell, an Infant, by Mildred Bunnell, His Guardian ad Litem, Respondent, v. Frank P. Kearney and Another, Appellants.
A boy of fifteen, who was in the fourth grade in school, was walking in the daylight on the right side of a State highway where there were no sidewalks. A truck, approaching from the rear, gave no warning and the boy did not know of the presence of the truck until he was struck. Both legs were broken and he sustained lesser injuries. A verdict was rendered for $5,000. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.