Greenwood v. Gardner

The opinion of the court was delivered by

Wertz, J.:

This was an action for damages brought by Michael Greenwood, a minor ten years of age, by and through his mother against his grandfather Everett Gardner and a Verna Hein. From an order of the trial court overruling defendant Gardner’s demurrer to plaintiff’s petition, defendant appeals. Verna Hein is not a party to this appeal.

It is not necessary to set out fully the allegations of the petition as the only portion challenged is that part upon which defendant Gardner’s liability is predicated.

The pertinent part of the petition alleges that on…