Donohue v. Rolando

McDonough, justice.

Phillip Donohue, a child of six and one-half years, was struck and killed by defendant’s automobile as he rode his bicycle along a road in Spring Glen, Utah. Phillip’s father sued defendant and from adverse jury verdict and judgment entered thereon he appeals.

Plaintiff asserts error in the lower court in that it: (1) determined as a matter of law the standard of care required by the deceased child; (2) failed to submit his case under the doctrine of last clear chance.

Defendant was driving to work at approximately 11:45 a. m. on June 6, 1962, on Carbon County road No. 6441,…