Doss v. Terry

LIVINGSTON, Chief Justice.

Appellee sued appellant to recover damages alleged to have resulted from the negligent operation of an automobile by appel*219'•lant. On the trial two counts of the com-plaint were submitted to the jury who re■turned a verdict for appellee for $2,500. A motion for a new trial was overruled •and this appeal followed.

The verdict and judgment cannot stand.

Each count of the complaint alleged ■that appellant, defendant in the court below, was a minor. The uncontradicted evidence showed that appellant was a minor at the time of the alleged injury and at the time the cause was…