Smith v. Sharp

McQUADE, Justice.

This appeal is taken from a judgment in favor of respondents for the death of their daughter, Marilee Smith. She was drowned when the car in which she was a guest was driven through a barrier at the terminus of a dead-end street and then into the Portneuf river within the city of Pocatello, Idaho, at about 9:40 p. m., February 10, 1958.

Appellant Merrill Kim Sharp (referred to herein as Kim Sharp), driver of the automobile, was transporting a group of young people to their various homes after a church meeting. One of the passengers, Gay Mizera, lived in an area with which…