Hughes

This is an action for the recovery of damages for personal injuries suffered by a child under five years of age, who sues by her guardian ad litem. Under stipulation the cause was tried together with an action for damages for the death of one Kate Johnston, an adult who lost her life in the same accident in which plaintiff in this cause was injured. The trial was by a jury. In their main circumstances the two causes of action were intimately related, as the plaintiff child was being led by the hand by the decedent when the accident occurred. The trial judge instructed the jury to render verdict in favor of defendant in the Johnston case on account of the contributory negligence of the deceased, and that outcome of course followed. As a result of this instruction, then, the case of the minor was alone left to the actual deliberation of the jury, and a verdict was returned favorable to defendant in that action also. Both plaintiffs were represented by the same counsel, but no appeal was prosecuted from the judgment in the Johnston ease. Plaintiff minor, however, appeals from the judgment entered against her.

Appellant contends that she was entitled to have the jury instructed that,…