Eddleman v. Askew

1. Questions as to negligence, including contributory negligence, what and whose negligence was the proximate or a contributing proximate cause of an injury, and, in automobile collision cases, whether a child guest of tender years exercised the measure of due care required by the Code under the actual circumstances of the occasion and situation, are all questions peculiarly for a jury, and not questions of law to be decided by the court either upon demurrer or by nonsuit, except in clear and palpable cases.

2. Although it is the rule in this State that the negligence of the driver of an…