Larsen v. Jerome Cooperative Creamery

SMITH, Justice.

Appellants, surviving parents, seek recovery of damages for the death, August 5, 1953, of Clifford D. Larsen, their 9-year-old son, allegedly caused by the negligence of respondent Swainston, as an employee of respondent Jerome Cooperative Creamery, while operating a milk truck of van or enclosed body type, owned by respondent Creamery.

Appellants by their amended complaint charge negligence of respondents committed when respondent Swainston, in backing *441the truck drove it upon and over the body of appellants’ minor son, in the particulars: that respondent Swainston failed to…