Phillips v. Schools

Plaintiff, Aubrey T. Phillips, III, an infant seven years of age, brought this action to recover damages for personal injuries sustained when an automobile driven by the defendant, Samuel S. Schools, collided with a bicycle on which plaintiff was riding as a passenger. A jury-trial resulted in a verdict for the defendant, judgment was entered thereon, and plaintiff is here on a writ of error.

Plaintiff contends that the trial court erred in (1) granting instruction No. 9, and (2) refusing to allow his counsel to use defendant’s accident report in cross-examining him.

At about 6:30 p.m., on June…