Rozell v. Rozell

Defendant is appealing from a judgment entered on the verdict of a jury in plaintiff’s favor for the sum of $5,000 in an action to recover damages for personal injuries due, it is said, to the negligence of defendant.

But two questions are presented for review: (1) That the action is not maintainable, and (2) that the damages are excessive.

Plaintiff and defendant are brother and sister, respectively, the former twelve years of age at the time of the accident and the latter sixteen. Both infants are unemancipated, unmarried, have no separate estates, and, when plaintiff sustained his injuries,…