Marchulonis v. Adams

Meredith, President:

The circuit court overruled defendants’ demurrer to plaintiff’s amended declaration, and certified the questions arising thereon for review.

Plaintiff is an infant seven years of age and sues by his next friend in trespass on the case for personal injuries caused by one of defendants’ cars, which ran over plaintiff. No objection is made as to any averments touching the defendants’ negligence. It is tacitly admitted that the declaration, as a pleading, is sufficient, but it is contended that under the peculiar circumstances shown in this case the defendants are not liable.…