Perry v. Umberger

The opinion of the court was delivered by

Wedell, J.:

This is an appeal from an adverse ruling on a petition filed by a father and next friend to vacate a former judgment of settlement obtained by the same father and next friend, in behalf of a minor son, for damages resulting from an automobile accident.

At about the hour of six o’clock in the evening of November 3, 1934, and after dark, the son, Louis Perry, sixteen years of age, was riding a bicycle in a westerly direction on highway No. 10, east of Topeka. His bicycle contained no light and he was traveling about six or seven inches from the…