Smith Ex Rel. Roth v. Mederacke

Suit for damages for the death of the mother of the plaintiffs, who were minors, by their next friend. The father of the plaintiffs died about two years before May 29, 1920, when their mother, Johanna Smith, was run over and killed at or near the intersection of Grand Avenue and Market Street in the city of St. Louis, by a truck owned by defendant, and operated by his chauffeur while engaged in said defendant's business.

The charges of negligence in the petition are, that the truck was operated at a negligent rate of speed, to-wit, fifteen miles an hour, negligently failing to keep a vigilant…