Johannes v. Rooks

Plaintiff, a minor, brought this suit by next friend to recover damages for personal injuries inflicted upon her by an automobile driven by defendant. Plaintiff had judgment upon the verdict rendered by the jury. Defendant appeals. An important question in the case arises because of defendant's claim that plaintiff was guilty of contributory negligence, as a matter of law.

The accident occurred shortly before 9 a.m., February 26, 1947, on State highway M-89 west of Fennville near the Peach Belt school. Plaintiff Shirley Johannes was 8 years and 9 months old and lived with her parents on the…