Bennett v. George

Hall, Judge.

1. The twelve-year-old plaintiff (defendant in error) sued the defendant (plaintiff in error) for personal injuries he received when allegedly the defendant ran his automobile into a bicycle. Donald Barber, age 14, was operating the bicycle and the plaintiff was riding on the crossbar. After a verdict for the defendant the trial judge granted a new trial on the ground of a charge given at the defendant’s request. The defendant assigns error on this ruling. The charge was: “A passenger on a bicycle must exercise due care for his or her own safety. The guest cannot close his eyes to…