Noble

This is an appeal by defendant from the judgment below entered on the jury’s verdict, in favor of plaintiff, for $10,000, assessed as damages for personal injuries. At the outset appellant admits that there is evidence which the jury had a right to believe which supports the implied finding that defendant was negligent. It therefore becomes unnecessary to discuss any conflict in the evidence or to do more than sketch the, facts, save as certain parts of the record become essential to illustrate the points presented.

The first claim of appellant is that the plaintiff was as a matter of law guilty of contributory negligence to an extent and with such relation to the accident as will bar any recovery. The plaintiff at the time of the accident was a boy of the age of eleven years and some months, and apparently of full development proportionate to that age. There is no dispute that there was an accident wherein the plaintiff in some manner collided with an automobile driven by defendant. True, there is some conflict as to whether the plaintiff was struck head-on or whether the auto hit him after having passed partially the point where the plaintiff was standing. For the purposes…