Wendel ex rel. Wendel v. Shaw

VAN OSDOL, C.

[ 267] Appeal from a judgment and order dismissing plaintiff’s petition praying for $5,000 actual and $5,000 punitive damages for personal injuries alleged to have been sustained as the direct result of the gross and wanton negligence of the original defendants, then husband and wife, in the operation of their automobile in which plaintiff, an infant, four years of 'age, was riding. [After the trial -court had sustained defendant Ralph E. Shaw’s separate motion to dismiss and during the pendency of plaintiff’s motion for a new trial, plaintiff voluntarily dismissed as to the…