Coley Ex Rel. Coley v. Phillips

This action was brought by the plaintiff, through her next friend, to recover for an injury sustained in a collision with defendant’s automobile, alleged to have been caused by the negligence of the defendant. In his answer, the defendant pleaded contributory negligence on the part of the plaintiff — at the time a child eight years of age.

There is much conflicting evidence as to the behavior of both plaintiff and defendant in the unfortunate experience, but the sufficiency of the evidence to go to the jury, both on the issue of defendant’s negligence and that of contributory negligence of…