Davis v. Smith

Opinion op the Court by

Judge Stites

Affirming.

'This is an appeal from a judgment of the Bell circuit court based on the verdict of a jury in the gross sum of $6,000 in favor of appellee and against the appellants. There is little disagreement as to the essential facts. The appellee, Harold Smith, who sues by his next friend, was, at the time of the acts herein complained of, a child of four and a half years of age. During the evening of June 11, 1933, Harold was riding in the back seat of an automobile operated by his father, William Smith. Wilson Phipps, a boy of about fourteen, was with him…