Hollingsworth Ex Rel. Hollingsworth v. Burns

When a 13-year-old plaintiff, who is held competent to testify as a witness, admits on the stand, under examination by the court, “I realized that I ought not to go out in the street. ... I thought I could make it and missed it,” What is the effect of such testimony? Clearly, if this evidence be given its usual significance, the plaintiff cannot recover. He proves himself *44out of court. Lincoln v. R. R., 207 N. C., 787, 178 S. E., 601. lie says he knowingly took a chance and lost. Stamey v. R. R., 208 N. C., 668, 182 S. E., 130. The judge so stated in charging the jury, but left it to them to…