Edwards v. Kirk

Action by plaintiff-appellee as administrator of the estate of Ms minor son to recover damages for the death of such minor, growing out of a collision between a motorcycle, upon which the said minor was riding as a guest, and the appellant’s automobile. The answer was (1) a general denial; (2) that the driver of the motorcycle was negligent, which negligence was the sole and proximate cause of the injury; (3) contributory negligence of plaintiff’s decedent; (4) that plaintiff’s decedent assumed the risk of the negligent operation of the motorcycle by the driver thereof. On motion, the trial…