Pigage v. Chism

Ed. F. McFaddin, Associate Justice.

The only appellant, E. J. Pigage Jr., is an 11-year-old boy and is called “Tad.” One afternoon in January 1962, while playing with a companion, Tad ran across the road in front of a car being driven by the appellee, Mrs. Chism, and Tad was struck and seriously and painfully injured. By his father, as next friend, Tad sued Mrs. Chism for damages; and Tad’s parents each also sought damages because of the injury to the minor and expenses incurred therefrom. The case was tried to a jury; and, among other instructions, the Court, without objection, told the jury:

“…