Cirsosky v. Smathers

The opinion of the Court was delivered by

Mr. Justice Cothran.

Action for damages on account of alleged wrongful death of the plaintiff’s intestate, his daughter, a little girl aged about 5 years, who was run over and killed by an automobile, belonging to the defendant, driven by his son, a boy under 16 years of age.

The complaint contains allegations of various acts of negligence which need not be detailed. The answer contains a denial of the material allegations of the complaint, and sets up the contributory negligence of the parents of the child as a defense, in that they permitted the child…