Hazeltine

The appellee, as guardian ad litem for his minor son, a boy of twelve, sued for damages for injuries sustained by the minor as a consequence of the claimed negligence of the appellant. The jury returned a verdict for appellee in the amount of $6,-000.

The incident out of which the suit arose took place in the daytime on a clear stretch *868 of oiled highway, in a district restricted as to the speed of motor vehicles. The boy was riding a bicycle in a northerly direction on the right shoulder of the road. The appellant, proceeding in an automobile in the same direction, is shown by appel-lee’s evidence to have struck the bicycle with his right front fender, hurling the boy over the shoulder of the highway into the borrowpit.

The appellánt assigns a number of errors in the giving and refusal of instructions and in the reception of evidence.

1. In his answer the appellant denied negligence and as an affirmative defense pleaded contributory negligence on the part of the minor. In his charge to the jury the trial judge quoted from an opinion of the Supreme Court (Baltimore & Potomac Railroad Co. v. Cumberland, 176 U.S. 232 , at page 238, 20 S.Ct 380, 382 , 44 L.Ed. 447 ) to the…