Clear v. Marvin

KNUDSON, Chief Justice.

Appellants, Garald A. Clear and Odetta Clear, husband and wife, commenced this action to recover damages for the alleged wrongful death of their daughter, Nancy Joan Clear, who was a niece of respondent Leland G. Marvin.

On May 31, 1960, Nancy (then eight years of age) was permitted by respondent to ride on the hood of a certain 1959 Ford wheel tractor while it was being driven by him upon a public highway. Two of respondent’s children were riding on the tractor at the same time, one was seated on the hood immediately ahead of Nancy and the other was sitting in the…