Winter v. Perz

Plaintiff, as administrator, sued for damages for the death of his decedent, a 12-year-old boy, who was killed by an automobile while riding a bicycle on highway US-25 A in St. Clair county. The automobile was driven by 16-year-old defendant Robert Perz, and owned by his father John. Both were joined as defendants. On trial by jury, plaintiff had verdict and judgment for $5,000. Defendants’ motion for judgment non obstante veredicto. on the ground that plaintiff’s decedent was guilty of contributory negligence as a matter of law, was denied, and defendants appeal.

Defendant Robert was driving…