Grace v. Kumalaa

*282OPINION OP THE COURT

BY LEWIS, J.

Plaintiff, Robert Grace, a first grader of the age of six years and eleven months, was injured when he fell as he was leaving defendant’s station wagon in which he had ridden to school. He cut his right hand on a glass jar he was carrying. Defendant was held liable and on appeal contends, first, that there was insufficient evidence of negligence on her part to go to the jury, and second, that the court erred in instructing the jury that plaintiff, being under seven, was incapable of contributory negligence, and further erred in refusing to give the instruction…