Marfyak v. New England Transportation Co.

The plaintiff’s decedent, his son Stephen, Jr., was killed by coming in contact with a bus of the defendant while crossing a street in Torrington. He was five and one-half years old, an active child in good health, and had attended school about three months up to the time of his death. The single assignment of error pertains to a portion of the charge, dealing with the question of contributory negligence of the plaintiff’s decedent, as follows: “In weighing and measuring the conduct of this five and one-half year old boy to determine whether or not he was guilty of contributory negligence,…