Government Employees Insurance Company v. Randle Davis, for the Use and Benefit of Rita Vone Davis

RIVES, Circuit Judge.

Two questions are presented by this appeal from a judgment for plaintiffs entered upon a jury verdict: first, whether there was sufficient evidence to support the verdict; and, second, whether the district court erred in charging the jury with respect to the claimed contributory negligence of a 12% year old girl. Since we have concluded with the appellant on the second question, and the evidence may not be the same on another trial, 1 we forego any discussion of the first question further than is necessary to describe the issues.

The Moyers’ car, insured by the appellant,…