McCausland ex rel. McCausland v. File

The opinion of the court was delivered by

Johnston, C. J.:

This is an appeal from rulings on pleadings filed in an action to recover damages for a minor who was injured on the. street after nine o’clock unaccompanied by a parent or guardian. Virginia was about nine years old and attended a show in Beloit, and while going home after the show she was negligently struck by defendant’s car.

The defendant’s answer was that she was there in violation of an ordinance which made her presence on the street a ground of contributory negligence. On motion of the plaintiff the court struck out the recitals…