Schmidt v. Martin

The opinion of the court was delivered by

Prager, J.:

This is an action brought by Clifford Schmidt and Shirley Schmidt, appellants and plaintiffs below, against Charles K. Martin, appellee-defendant, to recover damages for the wrongful death of their son, Gregory Scott Schmidt. The case was tried to a jury in the district court resulting in a verdict in favor of the defendant. The facts are not greatly in dispute and are substantially as follows: Mr. and Mrs. Schmidt, who will be referred to as the plaintiffs, were the parents of Gregory, a nine-year-old boy. On November 21, 1969, at about 3…