Benada v. Barnhill

TATE, Judge.

The plaintiff mother sues for personal injuries sustained by her six-year-old boy. She appeals from judgment dismissing her suit.

The boy’s injuries were received in a pedestrian-crossing accident. The boy, David, collided with an automobile driven by Barnhill, who is made defendant along with his liability insurer.

The principal issue before the trial jury was whether Barnhill was negligent, it being conceded that David was too young to be contributorily negligent. The issue on appeal is whether the trial jury erred in finding Barnhill free of negligence.

The parties do not dispute…