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SMITH v. SHARP

No. 9094.

375 P.2d 184 (1962)

Don C. SMITH and Alice V. Smith, husband and wife, Plaintiffs-Respondents, v. Merrill Kim SHARP, Merrill J. Sharp and Merrill Kim Sharp by Merrill J. Sharp, Guardian ad litem, Defendants-Appellants, and City of Pocatello, a municipal corporation, Defendant-Respondent.

Supreme Court of Idaho.

October 12, 1962.

Attorney(s) appearing for the Case

Merrill & Merrill and Gee & Hargraves, Pocatello, for appellants.

Milton E. Zener and Gerald Olson, Pocatello, for respondent City of Pocatello.

Louis F. Racine, Jr., Robert C. Huntley, Jr., and Mark B. Clark, Pocatello, for respondents Smith.

McQUADE, Justice.

This appeal is taken from a judgment in favor of respondents for the death of their daughter, Marilee Smith. She was drowned when the car in which she was a guest was driven through a barrier at the terminus of a dead-end street and then into the Portneuf river within the city of Pocatello, Idaho, at about 9:40 p. m., February 10, 1958.

Appellant Merrill Kim Sharp (referred to herein as Kim Sharp...

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