Rogers v. McKinley

This was an action by the plaintiff, as next friend for his minor daughter, who was between ten and eleven years of age, for damage caused by the alleged negligence of the defendants. The defendants denied liability. Upon the trial of the issues formed the evidence was conflicting as to whether the defendants were guilty of the. alleged negligence. The jury returned a verdict in favor of the defendant, and the plaintiff moved for a new trial, which was denied, and to this judgment she excepts:

The court charged the jury as follows: “I charge you that if you believe from the evidence in this…