Negligence of Child — Instructions
In an action for injuries to a child, the jury having been correctly instructed that the measure of care required of a child was such care and prudence as under all the circumstances ought to have been expected from one of his age and experience, it was proper to refuse an additional instruction that a child of tender years is required to use only that degree of care which children of that age and intelligence "are accustomed to use under the circumstances."
Where the jury have, by prayers granted, been correctly instructed on a certain subject, the refusal of an additional instruction on the same subject is not error.
The reasoning of courts in opinions is not addressed to juries, and is not always adapted to use in instructions to them.
Decided June 14th, 1938.
BOND, C.J., delivered the opinion of the Court.
Unreported cases.