Lacy v. Higgs

STANLEY, Commissioner.

The appellant, Gordan Lacy, a thirteen year old boy, suffered severe head injuries in the collision of his bicycle and a car of the appellee, Oran Higgs, on the afternoon of July 31, 1948, on U. S. Highway 60 near Pettitt’s Store east of More-head. In the suit for damages, the court peremptorily instructed the jury to find for the defendant.

The boy was riding his bicycle along with but just behind three other children about the same age who were walking on the north side of the road facing the traffic. They had come along on the gravel shoulder of the road, which was…