Burns v. Eminger

delivered tbe opinion of the court.

Tbe defendant, John Eminger, has appealed from a judgment entered in favor of tbe plaintiff, Clarence J. Burns, as administrator of tbe estate of Clarence J. Burns, Jr., for personal injuries suffered by tbe latter, when a truck owned by defendant and operated by bis agent collided with a sled on wbicb young Burns, then six years and three months old, was coasting.

1. Tbe first contention of defendant is that tbe complaint does not state facts sufficient to constitute a cause of action.

Tbe complaint alleges tbe death of Clarence J. Burns, Jr., on December 31,…