Tye v. Ruark ex rel. Ruark

• KELLY, CLIFTON M., Associate Judge.

The appellant was the defendant in an action for damages brought against him by Bruce Ruark, a minor, by his father and next friend, Preston Ruark, and by Preston Ruark, individually. The complaint, in substance, alleged that the defendant so negligently and carelessly operated his automobile as to cause it to seriously injure the plaintiff, Bruce Ruark, a ten year old bicyclist. The defendant denied that he was negligent and set forth the affirmative defense of contributory negligence on the part of the minor plaintiff.

The first trial of the case ended…