Trumbo's Adm'r v. City Street-Car Co.

Citations

• 89 Va. 780
• 17 S.E. 124
• 1893 Va. LEXIS 104

Syllabus

<p>1. Appellate Practice—Instructions—Exceptions.—Where -there is no formal bill of exceptions signed by the judge of the trial court to a ruling thereof upon instructions asked to be given to the jury, this court cannot consider the propriety of such ruling, though the record shows that the counsel did, during the trial, make objection to such ruling. Fry v. Leslie, 87 Va. 275.</p> <p>2. Contributory Negligence—Children—Parents.—In an action for damages for negligent injuries to a child, the contributory negligence of its parent is not imputable to the child. The law fixes no arbitrary age at which the child-becomes capable of contributory negligence; but, between the ages of seven and fourteen, the presumption is that he is non sui juris.</p> <p>3. Negligent Injuries—Case at bar.—Considering the evidence disclosed by the record in the case here—•</p> <p>Held :</p> <p>There was no negligence on the part of the defendant company, whereby its car ran over and killed the plaintiff’s intestate.</p>