Agin v. Likens

In a negligence action, defendant Jarrette moves to dismiss the complaint as to him on the ground that it fails to state a cause of action.

The complaint alleges that while the infant plaintiff was being carried in her mother’s arms across a State highway, she and her mother, the decedent, Ann Jarrette, were struck by an automobile owned, and then being operated, by the defendant Likens. It is said that, under the circumstances, decedent was guilty of negligence in then crossing the said highway and carrying the infant across the said highway. The movant, however, says that the complaint fails…