Messick v. Delaware Electric Power Co.

Rodney, J.,

delivering the opinion of the Court:

The precise question for my determination is whether a child ten years of age is barred from a recovery for personal injuries sustained in a collision between an automobile and a trolley car where the child was riding with her mother in the automobile, owned by the mother and driven by an agent or servant of the mother, on the mother’s business, where the driver is guilty of negligence. In short, the question is whether the negligence of the driver, imputed as it is to the mother, is also imputed to the child then and there in the care of the…