Absher Ex Rel. Absher v. Miller

The defendants in their answer set up the defense of contributory negligence, and in apt time tendered an issue addressed to that question, which the court declined to submit. The court also instructed the jury that the plaintiff, due to his tender years, could not be guilty of contributory negligence.

There was evidence tending to support the defendants’ allegation of negligence on the part of the plaintiff, and the father of the plaintiff testified that at the time of the injury the plaintiff was eight years old lacking a few days, and that he was a bright boy.

We are constrained to hold that…