Evans v. Bruggeman

BY THE COURT

Counsel for plaintiff in error in his brief insists that there is error in the record prejudicial to his client by reason of the court’s having given special charges Nos. 4 and 5, as requested by counsel for defendant in error before the argument to the jury. The principal objection made by counsel for plaintiff in error to such special charges is that the Court failed to include therein what would constitute ordinary care on the part of a boy twelve years of age. Assuming that the special charges are incomplete, in the respects suggested we find that the trial court in its…