Herrin v. Lámar

Eberhardt, Judge.

This is a personal injury action brought by Leslie E. Herrin, Jr., as next friend of David Herrin against Mr. and Mrs. Marlin Lamar. Simply stated, the petition alleged that the minor plaintiff was run over and injured by a riding lawn mower operated by defendants’ ten-year-old daughter in the presence of and under instructions from the defendant wife. The parties were next-door neighbors and the incident occurred on the defendants’ front lawn. The defendants’ general demurrer was sustained.

The first matter to be decided is the duty owed by the defendants to the minor…