Rosvold v. Johnson

Peterson, Justice.

Plaintiffs in an action for the wrongful death of a 5-year-old child, who was fatally injured when he rode his tricycle into the path of defendants’ heavy construction vehicle on a residential street, appeal from an order denying their posttrial motions for a new trial for judgment notwithstanding the jury’s verdict for defendants.

Plaintiffs state, upon oral argument, that the most important of the numerous issues they have raised is whether the trial court erred in its instruction that this young child could be found eontributorily negligent. The instruction, in relevant…