Napurana v. Young

The opinion of the court was delivered by

Fort, J.

This is an action in tort by a little child, by her next friend, to recover for injuries resulting from being run down on a crosswalk by a team of horses driven by the servant of the defendant. The child was seven years old at the trial, and the accident was some sixteen months prior thereto. The exact age of the child does not appear.

*628It is evident that she was about six years old at the time of the accident.

The trial judge rightly held that contributory negligence could not be imputed to her.

When plaintiff rested there was a nonsuit.

The proof…