Chaar v. McLoon

Frank Chaar, Jr., aged nine years and ten months, was struck and killed by an automobile driven by respondent. His parents brought this action for damages. The jury returned a verdict against them, and they appealed. A number of errors are assigned. Respondent contends there was no error and, in any event, the judgment should be affirmed on the ground that no case was made for the jury.

The petition contains (1) .allegations which state a case under the humanitarian doctrine, and allegations that respondent (2) operated his automobile at a negligent and dangerously high rate of speed; (3)…