Cummings v. County of Los Angeles

*261PETERS, J.

Plaintiff appeals from a judgment in favor of defendant in an action for damages for personal injuries sustained when the minor plaintiff was struck by defendant’s automobile. It is contended on this appeal that the giving of certain instructions and the refusal to give others constituted prejudicial error.

The facts pertinent to the problems involved are as follows:

The minor (hereafter referred to as “plaintiff”), who was 7 years old at the time of the accident, was walking on the east shoulder of a public highway with some other boys, all of whom were proceeding north with their…