Handley v. Mortland

*491Ott, J.

February 23, 1945, Paul Handley, aged nine, was struck and injured by a truck belonging to Pacific Highway Transport, Inc., which was being driven by Charles Mortland.

Four months later, Hazel Anderson (an aunt and now Paul’s foster mother) was appointed his guardian ad litem, and, on the same day, June 14, 1945, she commenced an action against the transport company and Charles Mort-land to recover damages for Paul’s injuries. The transport company and Mortland answered the complaint, denying liability and affirmatively pleading contributory negligence. Thereafter, the guardian ad litem…