Christian v. Goodwin

Plaintiffs sued for personal injuries received to the minor plaintiff when defendant’s automobile struck him while crossing the street; one of the affirmative defenses was the contributory negligence of the child. The matter was heard by a jury, and judgment on the verdict was entered in favor of defendant; thereafter plaintiffs ’ motion for new trial was granted on the sole ground of error in law—the trial court’s failure to instruct the jury that the minor plaintiff was incapable of contributory negligence as a matter of law. Defendant appeals from the order granting a new trial. The only…