Wilcox Ex Rel. Wilcox v. Herbst

OPINION

Parker, Justice.

John Wilcox, sixteen, accompanied by his fourteen-year-old brother, was driving the car of his father, Roy L. Wilcox, on a Fremont County road after dark on the night of July 6, 1953, when the car struck the horse of defendant Frank J. Herbst, damaging the automobile, injuring the driver, his brother the passenger, and the horse. The father sued Herbst (a) for damage to the car and (b) as next friend for the damages caused by the injuries to each of the sons. Herbst cross-petitioned for the injury to the animal. The trial court found that the negligence of John Wilcox…