Gayhart Ex Rel. Gayhart v. Schwabe

*358TAYLOR, Justice.

June 27, 1956, plaintiff (appellant) Kenneth Gayhart, a minor 13 years of age, rode his motor scooter out from the private driveway of his parents’ residence and onto Hawthorne avenue in Pocatello. When he had reached a point some seven feet beyond the curb line he was struck and injured by an automobile driven by the defendant (respondent).

This action was brought by the minor through his mother as guardian ad litem to recover damage for the injury suffered by the minor and for damage to the motor scooter. In a separate cause of action the appellants Mildred and Edgar Gayhart,…