Newton v. Wetherby's Adm'x

Opinion of the Court by

Judge Fulton

— Affirming.

The appellant, James E. Newton, Jr., brought this action against the appellee, administratrix of the estate of Dr. Alfred D. Wetherby, for damages for personal injuries received when appellant was thrown from Dr. Wetherby’s automobile. At the conclusion of appellant’s testimony a verdict was directed for appellee and from the judgment entered on that verdict this appeal is prosecuted.

The appellant, at the time in question, was a bright, unusually intelligent boy two weeks short of eleven years of age. Dr. Wetherby, who resided near Middletown,…