Daly v. Hinz

Citations

• 113 Cal. 366
• 45 P. 693
• 1896 Cal. LEXIS 796

Syllabus

<p>Negligence—Running over Child in Street—Contributory Negligence of Parents—Question of Fact—Nonsuit—Support of Verdict.—In an action for the negligence of the defendant, in carelessly driving a buggy over a child, seven years old, while playing in the street, where there is evidence tending to prove negligence on the part of the defendant, and there is no proof of contributory negligence on the part of the parents of the child other than the mere fact that the child was unattended in the street, the question of their contributory negligence is one of fact for the jury, and a nonsuit of the plaintiff is properly denied; and a verdict for the plaintiff in such case will not be disturbed upon appeal.</p> <p>Id.—Burden of Proof.—The burden of proving contributory negligence of the parents of the child devolves upon the defendant, .unless it is made to appear by the evidence of the plaintiff.</p>