Wilborn v. Barnes

1. Where, upon the trial of a suit of a child nine years of age for injury received from having been run over by an automobile on a public highway, the evidence authorized the inference that the conduct of the child was a contributing cause of the injury, a charge instructing the jury as to the standard of care required of a child of tender years would have been pertinent and proper; and where no such charge was given, and the court charged, the jury that where a pedestrian and a person operating an automobile are using a public highway, it is the duty of each to exercise his right to use the…