Butz v. Holder

JOHNSON, Judge.

The facts pertinent to this appeal are as follows: decedent, thirteen year old Dwayne John Butz, son and brother of plaintiffs herein, was riding his bicycle on Rural Road 1415 when he was *117struck by an automobile driven by defendant. The site of the accident was approximately five or six tenths of a mile from plaintiffs’ home by road. Decedent was killed instantly. There were no witnesses to the accident, which occurred on a bridge.

Shortly thereafter, plaintiff Earl R. Butz, decedent’s father, who was at his house painting his garage, was told by a neighbor that there had been…