Cases On Procedure Annotated Trial Practice

Cover Cases On Procedure Annotated Trial Practice
Cases On Procedure Annotated Trial Practice
Edson R Edson Read Sunderland
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The children were not struck by the car. It was not the manner in which the car was oj^erated that caused it to collide with plaintiff, or that caused the plaintiff coming in contact with it. The direct cause of his coming in contact with the car was his taking hold of the car and attempting to ride on it with- out the knowledge or consent of the defendant's employees. While the child, because of its age, cannot be regarded a conscious trespasser, nor held chargeable of contributory negligence,... nevertheless the consequences of its acts can- not be charged to the defendant. The conduct of the child was in no sense influenced or induced by any act or conduct on the part of the defendant or its employees, nor was the injury occasioned because of any negligence on their part. We are of the opinion that the court was justified in direct- ing a verdict in favor of the defendant.
The judgment of the court below is therefore affirmed, with costs.
McCaety, C. J. , and Feick, J. , concur.
BOPP V.


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