Schmidt Ex Rel. Schmidt v. Johnson

This is an action for damages for injuries sustained by Jacob Schmidt, Jr., a minor, brought by his father, Jacob Schmidt, Sr., as next friend, against Oscar H. Johnson, resulting from negligence in the operation of the latter’s automobile. The claim of damages to the father was assigned to Jacob Schmidt, Jr., and is included in the action as a separate cause of action. The jury returned a verdict for the defendant and the plaintiff appeals.

The evidence shows that on June 30, 1966, Larry and Jarry Schmidt, twin brothers of the age of 16 years, were using a pickup truck belonging to their…