SCHMERFELD v. HENDRY

No. 5558.

74 Ariz. 159 (1952)

245 P.2d 420

SCHMERFELD v. HENDRY et al.

Supreme Court of Arizona.

June 16, 1952.


Attorney(s) appearing for the Case

W.E. Ferguson, of Holbrook, for appellant.

Struckmeyer & Struckmeyer, of Phoenix, and Guy Axline, of Holbrook, for appellees.


DE CONCINI, Justice.

This is an action by Walter T. Schmerfeld, the father and legal guardian of Theodore Schmerfeld, Jr., an infant, against A.C. Hendry and wife, owners of an automobile driven by their 16-year-old son Robert Hendry, also a named defendant. The action is one for damages for injury caused by the car striking the infant (hereafter referred to as the boy), who was 27 months of age.

The facts briefly are that Robert was driving the family car...

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