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WILCOX v. HERBST

No. 2717.

75 Wyo. 289 (1956)

295 P.2d 755

ROY L. WILCOX and ROY L. WILCOX as the next friend of JOHN WILCOX and GARY WILCOX, Plaintiffs and Respondents, vs. FRANK J. HERBST, Defendant and Appellant.

Supreme Court of Wyoming.

April 10, 1956.

Attorney(s) appearing for the Case

For the defendant and appellant, the cause was submitted upon the brief of Smith and Nicholas of Lander, Wyoming, and oral argument by William J. Nicholas.

No appearance for plaintiffs and respondents.

OPINION

PARKER, Justice.

John Wilcox, sixteen, accompanied by his fourteen-year-old brother, was driving the car of his father, Roy L. Wilcox, on a Fremont County road after dark on the night of July 6, 1953, when the car struck the horse of defendant Frank J. Herbst, damaging the automobile, injuring the driver, his brother the passenger, and the horse. The father sued Herbst (a) for damage to the car and (b) as...

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