Trotter v. Ashbaugh

McMurray, Presiding Judge.

This case involves another appeal in this personal injury action. See in this connection Ashbaugh v. Trotter, 237 Ga. 46 (226 SE2d 736), reversing Trotter v. Ashbaugh, 137 Ga. App. 378 (224 SE2d 42) s.c. 139 Ga. App. 690 (229 SE2d 507), and affirming the judgment of the trial court in its pretrial order that “a child plaintiff six years old can be guilty of contributory negligence.” See Code § 105-204 (Due care in child).

The Supreme Court in the above review of the decision of the Court of Appeals criticized Red Top Cab Co. v. Cochran, 100 Ga. App. 707 (112 SE2d…