GLADNEY, Judge.
Julius Hudson and his wife sue ex delicto for damages occasioned by the death of their four year old son, Gary, on May 10, 1951, when, while in the act of crossing Texas Avenue at Levy Street in Shreveport, he was struck by an automobile driven by Homer Byers. In the car with Homer Byers was A. D. Byers, the owner of the car and both were made defendants herein. Service, however, was not made upon A. D. Byers who has passed out of this litigation....
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