Mitchell v. Great American Indemnity Co.

DAWKINS, Chief Judge.

Plaintiff sued in tort for injuries to himself and on behalf of his four minor daughters alleged to have been caused in a collision of motor vehicles. Defendant has excepted to the jurisdiction ratione materiae insofar as the claim on behalf of the minor, Barbara Jane, ten years of age, is concerned, contending that, on its face, the complaint discloses that the injuries could not possibly have amounted to as much as $3000.

The original petition as to this claim alleges :

“The third oldest child, Barbara Jane Mitchell, age 10, sustained the following injuries:

“a. Contusion…