Rowton v. Kemp

This is an action brought by Wiley R. Rowton and Rosie Lee Rowton, parents of Melton Rowton, hereinafter referred to as plaintiffs, against W. O. Kemp, hereinafter referred to as defendant, seeking damages for the wrongful death of their son, Melton Rowton, who was struck by an automobile on the highway on the afternoon of January 3, 1939, and as a result of the injuries died on January 8, 1939.

The evidence discloses that Melton Rowton, of the approximate age of seven years, was riding in a farm wagon and when he had reached the neighborhood of his home, about one-tenth of a mile east of.…