McLaughlin Ex Rel. McLaughlin v. Black

At the close of plaintiff’s evidence the defendant made a motion in the court below for judgment as in ease of nonsuit. C. S., 567. The court below overruled the motion. Exception by defendant. The motion was renewed by defendant at the conclusion of all the evidence and the court below granted the motion. In this we think there was error. We think the evidence sufficient to be submitted to the jury.

In Yol. 1, Sherman & Redfield on Law of'Negligence (6th Ed.), part . sec. 219, it is stated: “It is the duty of one who employs young persons in his service to take notice of their apparent age…