Fink v. Bassing

JOSE A. GONZALEZ, Jr., Circuit Judge.

This cause came on for non-jury trial before the court upon the plaintiffs’ complaint, the defendant’s answer and pursuant to the stipulations contained in the pre-trial order previously entered in this cause.

The controlling facts are not in any material dispute and disclose the following —

On May 11, 1965, the five-year-old minor plaintiff, Linda Fink, was riding as a passenger in the rear seat of the defendant’s Ford station wagon which was owned and driven by the defendant. In the back seat with the minor plaintiff were the defendant’s child and two…