McLeland v. Miller

WILLIAMS, Justice.

Plaintiffs in error instituted this action against defendant in error to recover damages for the death of their 22-months-old son. The boy died as a result of being struck by an automobile driven by defendant. The trial court sustained a demurrer to plaintiffs’ evidence, and they appeal. The parties will be designated herein as they appeared in the trial court.

The plaintiffs’ evidence disclosed that on the day here involved, defendant, a rural mail carrier, stopped his car at plaintiffs’ mail box; that his vehicle was facing east; that the mail box was located out in the…