Dugan v. Fry

WOOLLEY, Circuit Judge.

Thomas Dugan, a boy sixteen years of age, was riding on the frame of a bicycle, with his legs astride the forks and hanging over the handle bars, in front of another boy pedaling the machine. It was night. The boys had thus been driving around and around a city block for several hours. Upon turning a comer, the bicycle collided with an oncoming motor truck. Dugan was killed. In this suit by his administrator against the owners of the truck the verdict was for the defendants.

The trouble at the trial and on this appeal arose in the pleadings. The plaintiff by his…