Blodgett v. Pinkerton Tobacco Co.

ALLEN, Circuit Judge.

This is a personal injury action brought on behalf of a minor by his father as guardian, in which the jury returned a verdict for the appellee. The single question presented is whether the court committed prejudicial error in its charge to the jury, the pertinent portion of which is given in the margin.1

The appellee offered no evidence as to the manner in which the injury occurred. The following facts are not disputed:

Alva Blodgett, a boy nine years and five months old and in the second grade, was returning from school in an automobile driven by Sarah E. Vose in an…