Wapelhorst v. Lindner

LOZIER, Commissioner.

Plaintiffs-appellants (herein called plaintiffs) sued defendant-respondent (herein called defendant) for $15,000 damages for the alleged wrongful death of plaintiffs’ .son, Robert Wapelhorst. The verdict and judgment were for defendant and plaintiffs appealed.

Nine-year-old Robert died immediately after the bicycle he was riding was struck by defendant’s automobile, driven by defendant. Plaintiffs went to the jury upon defendant’s primary negligence in failing to see Robert “approaching and upon said highway” and “to sound a horn or other warning of the approach of his…