Hanks v. Norby

Plaintiff is a boy, who, at the time of the collision in suit, which occurred March 8, 1934, was 10 years old. He was riding in a truck driven by his father. Specific charges of negligence on the part of defendant are set forth in the complaint. These are denied in the answer and it is charged therein that the collision occurred wholly by reason of negligence on the part of plaintiff’s father while driving the truck in which plaintiff was riding.

Two errors are assigned. The first alleged error consisted in giving the following instruction:

“You are instructed that the law recognizes what is…