Kesten v. Forbes

This is an appeal by plaintiffs from a judgment in favor of defendant-respondent entered upon a verdict of a jury in a negligence action. The infant, who at the time of the accident was eight years old, was struck by an automobile owned by defendant Stewart and operated with his permission *647by defendant Forbes, then seventeen years of age. The accident occurred between intersections. The issues as to negligence and freedom from contributory negligence were sharply contested at the trial. Because of certain errors of law occurring at the trial, it is unnecessary to pass on the question whether…