McWhorter v. Clark

Alex Van McWhorter, the eight-year-old son of the appellant-plaintiff, Jimmy Lee McWhorter, while riding a bicycle, was struck and killed by Henry C. Henderson, now deceased. Appellee-defendant A.B. Clark is the administrator of the Henderson estate. Appellant brought an action for wrongful death against appellee. A jury rendered a verdict for appellee.

Appellant claims that a police officer should not have been allowed to testify as to the speed of Henderson's vehicle, that the issue of contributory negligence should not have been submitted to the jury, and that testimony that the bicycle…