76 A. 1005 | Conn. | 1910
The plaintiff was injured by being run into by the defendant's trolley work car while she was in the act of crossing, somewhat diagonally, Main Street in Ansonia. Had she been an adult at the time her injuries were received, we should have no hesitation in sustaining the action of the court in directing the verdict for the defendant. She, however, was a child nine years and three months of age, and, according to the evidence presented on her behalf by her parents, relatives, and teachers, and unquestioned, one of average intelligence and brightness for her years. This fact of the plaintiff's youth and immaturity is one which had a pertinence with respect to both the issues presented.Wilmot v. McPadden,
Such having been the situation upon the trial, we are of the opinion that there was sufficient evidence presented in support of the plaintiff's contention to entitle her to have the question submitted to the jury as to whether or not she, in view of her age and immaturity, was entitled to a recovery. Lynch v. Shearer,
There is error and a new trial is ordered.
In this opinion the other judges concurred.