Whitehead v. Stith

Opinion of the Court by

Judge Perry

Reversing.

In an action brought in the Jefferson circuit court to recover damages for personal injuries alleged sustained by plaintiff as the result of defendant’s negligent operation of his car, judgment was rendered in favor of the plaintiff in the sum of $3,000.

Plaintiff, an infant five years of age at the time-of his accident, and six years old when he brought this-action in the name of his father, as next friend, alleged in his petition that on the 'afternoon of December 18, 1934, he was attempting to cross Fourth street, just-north of Oak street, in…