Quillian v. Mathews

OPINION

By the Court,

Thompson, J.:

This appeal is from a verdict and judgment for the defendants in a personal injury action commenced by a mother on behalf of her six-year-old daughter. The main issue is whether a child of that age may possess the capacity to be contributorily negligent. The district court, after questioning the child out of the presence of the jury, determined that the issue of her contributory negligence should be submitted to the jury for resolution under appropriate instruction. The appellants contend that this was reversible error. A subordinate claim of error concerning…