Wellons v. Howe ex rel. Howe

SWANN, Judge.

William Ira Wellons, Jr., the defendant below, appeals an order which dismissed the plaintiffs’cause without prejudice. The plaintiffs have cross assigned as error that part of the order taxing certain costs against them as a condition of the dismissal without prejudice. The facts, essentially, are as follows.

The minor plaintiff, Howe, was injured when his motor scooter collided with a vehicle operated by the defendant. At the time of the accident, the plaintiff was carrying a passenger, James H. Valentine, on the scooter. The defendant Wellons, after making a U-turn, was hit…