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ANDREWS v. ADAY

No. 39991.

380 P.2d 271 (1963)

Gene ANDREWS, a minor, by and through his father and next friend, Joel Andrews, Plaintiff in Error, v. Otis Thurman ADAY, Defendant in Error.

Supreme Court of Oklahoma.

March 26, 1963.

Attorney(s) appearing for the Case

Floyd L. Martin, Jr., Oklahoma City, Hardin Ballard, Purcell, for plaintiff in error.

Pierce, Mock, Duncan, Couch & Hendrickson, Donald F. Gust, Oklahoma City, for defendant in error.

JOHNSON, Justice.

The plaintiff in error, hereafter referred to as plaintiff, filed this action in the District Court of McClain County, Oklahoma, to recover for personal injuries. He is a minor, suing by his next friend, and alleges in the petition, among other grounds, the following acts of negligence of the defendant:

"* * * 2. On or about July 30, 1960, plaintiff, an infant then eight (8) years of age, was lawfully...

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