Schramm v. Parker

The opinion of the court was delivered by

Fort, J.

This is an action of tort to recover for injuries suffered by the plaintiff, a boy of nine years of age, by being run into upon the public highway by a horse and wagon of the defendant, driven by a servant of the defendant.

Only one question is raised, namely, did the trial judge commit an error in refusing to charge the defendant’s request “that if the jury find that the boy did not look for wagons, before running toward the wagon, he is guilty of contributory negligence and cannot recover.”

Where there is doubt whether a person is guilty of…