Merrihew's Admr. v. Goodspeed

The plaintiff’s intestate, a child of five and one-half years of age, was struck and fatally injured by an automobile owned and operated by the defendant, proceeding in a southerly direction on Shelburne Road, about one and one-half miles south of the city of Burlington. The plaintiff alleges that the negligence of the defendant was the proximate cause of the accident. After trial by jury, the verdict was for the defendant, and the case is here on the plaintiff’s exceptions.

On the direct examination of the defendant by his own counsel he was asked:

“Do you know of anything you could have done…