Senters v. Tull

OPINION

FRANKS, Judge.

In this wrongful death action, at the conclusion of plaintiff-mother’s proof, the trial judge directed a verdict in favor of the operator of the motor vehicle which struck decedent child. The trial judge directed the verdict on the narrow ground: “that letting a six-year old child cross a main highway is negligence, and it places a child in a dangerous position.” He concluded the mother, being the sole beneficiary of the child’s *580estate, was barred as a matter of law on the ground of her contributory negligence.

On appeal, the sole issue is whether the evidence creates…