Daily v. Schneider

The opinion of the court was delivered by

Burch, J.:

Daily sued Schneider for damages sustained when Daily was struck and injured by Schneider’s automobile, driven' by Schneider’s thirteen-year-old boy. At the first trial the court instructed the jury according to the family-purpose doctrine, and judgment was rendered for plaintiff. On appeal the judgment was reversed because the instruction was erroneous. (Daily v. Schneider, 118 Kan. 295, 234 Pac. 951.) At the second trial the court sustained a demurrer to plaintiff’s evidence, and the present appeal is from that ruling. Error is also…