Kennedy v. Banks

Jordan, Presiding Judge.

1. The first two enumerations are based on the following excerpts from the instructions to the jury: (1) “One would not be justified in assuming that a child would exercise the same degree of care for his safety as an adult under the circumstances,” (2) “nor is one justified in presuming that a child near the highway will remain in a place of safety.” Immediately following these excerpts the court continued, “I further charge you that motorists owe very young children a greater duty than they owe to normal adults. The question of whether the defendant used the legally…