Smith v. Sharp

TAYLOR, Chief Justice.

These actions were brought by the respective parents (appellants) of Marilee Smith and Verda Mae Stone, teen-age girls, who were drowned in the Portneuf river in the defendant (respondent) City of Pocatello, when the car in which they were passengers went through the barrier at the dead end of South Hayes street and plunged into the river, at about 9:40 p. m., February 10, 1958.

The car was driven by defendant Merrill Kim Sharp. The allegations of negligence in the two complaints are the same, and in the Stone case are set out as follows:

“That at said time and place the…