Sorrentino v. McNeill

GRAVES, Justice.

Appellant’s brief thus summarizes the controlling question in this cause: “The main proposition on this appeal is whether a child under 7 years of age can under any circumstances be guilty of contributory negligence. • The jury found John Sorrentino, Jr., who at the time of the collision was 6 years of age, guilty of contributory negligence. Under Article 2211, as amended in 1931 [Vernon’s Ann. Civ.St. art. .2211], plaintiff moved for judgment notwithstanding the verdict, urging as a ground therefor that a child under the age of 7 years, as a matter of law, cannot be held…