Priestly v. Skourup

The opinion of the court was delivered by

Hutchison, J.:

This was an action to recover damages for injuries sustained by the plaintiff, who was struck by an automobile while crossing a street as a pedestrian. The two defendants are father and son. The former is sued as owner of the car and the latter as the driver thereof. The trial court overruled the motion to strike out certain allegations and later overruled the demurrer to the petition, from which rulings the defendants appeal.

The only portion of the petition that is involved in this appeal is that which the defendants moved to strike out,…