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CLEAR v. MARVIN

No. 9220.

383 P.2d 346 (1963)

Garald A. CLEAR and Odetta Clear, Parents off Nancy Joan Clear, a minor, now deceased, Plaintiffs-Appellants, v. Leland G. MARVIN, Defendant-Respondent.

Supreme Court of Idaho.

June 27, 1963.

Attorney(s) appearing for the Case

McCarthy & Adams, Lewiston, Sharp & Bishop, Clarkston, Wash., for appellants.

E. L. Miller, Coeur d'Alene, Martinson & Gale, Moscow, for respondent.

KNUDSON, Chief Justice.

Appellants, Garald A. Clear and Odetta Clear, husband and wife, commenced this action to recover damages for the alleged wrongful death of their daughter, Nancy Joan Clear, who was a niece of respondent Leland G. Marvin.

On May 31, 1960, Nancy (then eight years of age) was permitted by respondent to ride on the hood of a certain 1959 Ford wheel tractor while it was being driven by him upon a public highway. Two of respondent's children...

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