Smith v. Swope

Opinion of the Court by

Stanley, Commissioner

Reversing.

George Smith, an eleven-year-old child, brought suit by his next friend against Jefferson Swope for damages for personal injuries alleged to have been sustained through the negligent operation of the defendant’s automobile in Winchester. The case was called for trial on September 21, 1939, when the plaintiff moved for a continuance on account of the absence of a witness and filed the affidavit of his next friend in support of the motion. The motion was overruled, the order reciting that the defendant announced ready; thereupon, a jury was…