McFarland
McFarland v. Cordiero
Opinion
lead Opinion
Sturtevant, J.
The plaintiff commenced an action against the defendant to recover damages for injuries sustained in an automobile collision. Thereafter she filed a first amended complaint. To that pleading the defendant interposed a demurrer. The demurrer was sustained. Plaintiff failed to amend and judgment was entered in favor of the defendant. The plaintiff has appealed and has brought up the judgment-roll.
The appeal presents the single question as to whether or not the plaintiff’s action, at least in part, is barred by the statute of limitations. In her amended complaint the plaintiff alleged that on the seventh day of August, 1926, John Cordiero, the minor son of the defendant, operated the automobile in which he was riding in a careless and negligent manner causing his car to collide with a Studebaker automobile and thereby caused said Studebaker automobile to swerve and crash into plaintiff’s automobile; and that plaintiff suffered bodily injuries to her damage in the sum of $10,000. The pleading continues and sets forth that plaintiff’s car was greatly injured and that she suffered a property loss in the further sum of $475. It is alleged that the said John Cordiero held an operator’s…