Clark Ex Rel. Clark v. Ticehurst

The opinion of the court was delivered by

Thiele, J.:

This was an action to recover for personal injuries alleged to have resulted from defendant’s negligence.

The defendant’s demurrer to plaintiff’s petition was overruled and defendant has appealed. We here note that subsequent to the filing of the action the defendant died and that the action against him was revived against his administrator.

So far as need be noticed it was alleged in the petition that plaintiff was four years old and that defendant was engaged in selling gasoline and oil products at retail at his place of business at a stated…