Schmerfeld v. Hendry

DE CONCINI, Justice.

This is an action by Walter T. Schmerfeld, the father and legal guardian of Theodore Schmerfeld, Jr., an infant, against A. C. Hendry and wife, owners of an automobile driven by their 16-year-old son Robert Hendry, also a named defendant. The action is one for damages for injury caused by the car striking the infant (hereafter referred to as the boy), who was 27 months of age.

The facts briefly are that Robert was driving the family car north on Williamson Street in Winslow, on May 25, 1950, about noon on a clear day. He was proceeding about 17 miles per hour and had just…