Arivabeno ex rel. Arivabeno v. Nuse

The plaintiff appeals from a jury verdict of no cause of action. The sole ground of appeal is predicated upon an exception to the court’s charge. The plaintiff, an infant five years and ten months and twenty-two days old, was injured by the defendant’s automobile while playing with other boys in the street. None of the testimony is printed except that relating to the boy’s age.

The learned trial judge charged the jury as follows: “In considering the question as to whether there would he contributory negligence on the part of this boy, you will take into consideration his age and intelligence,…