Opinion
Gen. No. 42,143. (Abstract of Decision.)
Opinion filed October 26, 1942 Rehearing denied November 9, 1942
NEGLIGENCE, § 57 — as to contributory negligence and infants less than seven years old. In an action to recover for the wrongful death of a child of six years of age, who was struck by defendants' automobile at or near a crosswalk, it was error for the trial court to instruct the jury to return a verdict for defendants for the reason that he did not believe there was any evidence showing degree of care a child of six should use in crossing the street, since up to the age of seven years a child is incapable of such conduct as will constitute contributory negligence.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. DANIEL P. TRUDE, presiding.
Reversed and remanded. Heard in first division, first district, this court at February term, 1942.
Krohn MacDonald, for appellant;
Stuart. B. Krohn and Ian P. MacDonald, of counsel;
Wyatt Jacobs and Walter A. Christopher, for appellees.
"Not to be published in full." Opinion filed October 26, 1942; rehearing denied November 9, 1942.