Birmingham v. Smith

HIGGINS, Commissioner.

Action for $25,000 damages for wrongful' death. Plaintiff appeals from verdict and judgment for defendant.

Plaintiff’s petition in part alleged: that plaintiff was the mother of Dottie Sue Birmingham, age 17, who, on June 5, 1964, was a passenger in an automobile operated by and under “the sole care and control of the defendant”; that while so operating his vehicle eastwardly on Independence Avenue near its intersection with Ewing Street in Kansas City, Missouri, “defendant negligently, carelessly, willfully and wantonly operated his vehicle off the traveled portion of…