Hedrick Ex Rel. Hedrick v. Tigniere

The plaintiff, being only 13 years of age at the time of her fall, is presumed to have been incapable of contributory negligence. Hutchens v. Southard, 254 N.C. 428, 119 S.E. 2d 205; Adams v. Board of Education, 248 N.C. 506, 103 S.E. 2d 854. Though this presumption is rebuttable, the burden of rebutting it is upon the defendants. The judgment of nonsuit cannot be sustained upon the ground of contributory negligence by the plaintiff in her undertaking of the “pique turn” upon a dance floor, which appeared to her to be slick and which she was warned was slick, even if we assume that such a…