Porter v. Johnson

BOLIN, Judge.

Gerald Porter, 13 years of age, seeks damages for injuries received by him when a bicycle on which he was riding was struck by a car driven by Charles Johnson. The lower court without passing on Johnson’s negligence rejected plaintiff’s demand because of Gerald’s contributory negligence. Plaintiff appeals and we affirm.

The issue is whether the cyclist was guilty of negligence which contributed to the accident and, if so, did the automobile driver have the last clear chance to avoid the accident.

The accident occurred in the afternoon on a two-lane black-top highway. The weather…