Taylor v. Armiger

Murphy, C. J., concurs in the result and filed a concurring opinion at page 653 infra.

We shall here reverse a trial court decision that a child five years and eight days old was guilty of contributory negligence as a matter of law on the ground that he failed to obey the mandate of Maryland Code (1957, 1970 Repl. Vol.) Art. 66V2, § 11-404 that he “stop and yield the right-of-way to all vehicles approaching on the highway.” He was on a tricycle which was held to be a vehicle within the meaning of Art. 66V2, § 1-209.

In reaching our conclusion we shall not decide the question of whether a…