Riley v. Holcomb

The opinion of the court was delivered by

Fatzer, J.:

This was an action by the parents of a nine-year-old boy to recover damages for his wrongful death. The district court sustained the defendant’s demurrer to the plaintiffs’ evidence in support of allegations based on the last clear chance doctrine, and on the theory of the defendant’s gross and wanton negligence. The issue of the defendant’s negligence was submitted to the jury which returned its verdict in his favor. The plaintiffs here frankly concede that, based on the evidence and instructions as submitted to the jury, it was justified…