Mercer v. Crocker

ARNOLD, Judge.

The plaintiff appeals from a directed verdict. The question on appeal is whether the evidence, considered in the light most favorable to the plaintiff, is sufficient to present a question for the jury. See Bowen v. Gardner, 275 N.C. 363, 168 S.E. 2d 47 (1969); Watt v. Crews, 261 N.C. 143, 134 S.E. 2d 199 (1964). We hold that it is.

The defendants alleged in their motion for directed verdict that Darrin Mercer was contributorily negligent. Yet, Darrin was thirteen years of age on 28 July 1980. He thus benefits from the rule that a person between the ages of seven and fourteen is…