Doyen v. Lamb

Following our decision in Doyen v. Lamb, 74 S.D. 126, 49 N.W.2d 382, the trial court entered judgment for the plaintiff upon the verdict of the jury. The defendant has appealed.

The facts are set forth in our prior opinion. Defendant contends that the trial court erred in submitting the case to the jury.

The first alleged error relates to an instruction on the contributory negligence of the child, David Doyen, who was of the age of 5 years, 10 months. The trial court instructed the jury that a child under 6 years of age cannot be charged with contributory negligence.

This court has on two…