In the first place, the negligence, if any, of the mother was not imputable to the child. American Tobacco Co. v. Harrison, 181 Va. 800, 809, 27 S.E.2d 181, 185. In the next place, even if the mother were negligent this would not exonerate the driver from liability, provided the latter was guilty of negligence which was a proximate cause of the accident.
In an action for their separate injuries, the fault or contributory negligence of a parent cannot be imputed to a child, and vice versa. American Tobacco Co. v. Harrison, 181 Va. 800, 27 S.E.2d 181; Pickard v. Morris, 91 N.H. 65, 13 A.2d 609; Annotation, 15 A.L.R. 414; See also Bos v. Dufault, 42 Wn.2d 641, 257 P.2d 775; 65 C.J.S. Negligence ยง 160, pp. 801, 803. Instructions must be read and considered together and if the instructions as a whole are substantially correct, the jury could not have been prejudicially mislead.
oad walking in same direction in which defendant was driving); Trant v. Upton, 159 Va. 355, 165 S.E. 404: (Child in road where he could have been seen by driver in ample time to have avoided injury); Carltan v. Martin, 160 Va. 149, 168 S.E. 348: (Child alighting from school bus to highway struck by speeding driver); Chapman v. Dillard, 162 Va. 389, 174 S.E. 657: (Child crossing street to enter school should have been seen by driver); Irvine v. Carr, 163 Va. 662, 177 S.E. 208: (Child running across road, struck by speeding driver); Wynn v. Gandy, 170 Va. 590, 197 S.E. 527: (Child shoved under a school bus, moving slowly along street, by children crowding around and running after bus for purpose of getting on it); Harris v. Wright, 172 Va. 67, 200 S.E. 597: (Child riding in a toy wagon on road); Scott v. Crawford, 172 Va. 517, 2 S.E.2d 301: (Child riding a bicycle on highway); Myers v. Bush, 178 Va. 375, 17 S.E.2d 382: (Child walking on dirt shoulder of highway in plain view of driver); American Tobacco Co. v. Harrison, 181 Va. 800, 27 S.E.2d 181: (Child within view of driver descended steps and ran into street); Virginia Stage Lines v. Spencer, 184 Va. 870, 36 S.E.2d 522: (Child injured by bus backing into service station lot). In those cases where it appeared that the driver did not see, and could not have seen, the child by the exercise of reasonable care, and the injured child had suddenly entered the street from behind an obstruction into the path of the oncoming vehicle and so close to the approaching car that the driver had no reasonable opportunity to avoid striking the child after seeing him, recoveries against the driver have been denied.