Appelhans v. Kirkwood

Opinion by

Mr. Justice Doyle.

The parties will be referred to as they appeared in the trial court where plaintiffs in error were defendants and defendant in error was plaintiff. Throughout the opinion, when the word “defendant” is used alone it refers to the son, Johannes Appelhans. Defendants seek review of a judgment based on a jury verdict in favor of plaintiff in the amount of $10,000. Plaintiff was a passenger in a vehicle being driven by defendant and was injured when the automobile collided with a post on the Valley Highway.

The collision occurred on May 13, 1959, some time between 12:30…