Semar v. Kelly

Through her next friend Betty Semar, thirteen years of age, instituted this action for personal injuries against Carl E. Kelly. Upon a trial of the case the jury [290] returned a verdict in favor of the defendant, Kelly. The trial court sustained her motion for a new trial for the assigned reason that it had misdirected the jury by instruction No. 4 and the question on this appeal is whether the instruction was so prejudicial to a fair presentation and decision of the plaintiff's case that she is entitled to a new trial.

Betty's cousin, Jewell Williams (aged twenty-two), and two of his girl…