Alfred Kent Yarborough A/n/f Jeffrey Lee Yarborough, Petitioner v. James Berner, Respondent

Summary

The Texas Supreme Court held that the parents' negligence as a proximate cause of the accident is a factual issue for the jury, that a child under five years old is legally incapable of negligence, and that the doctrines of unavoidable accident and sudden emergency should not be submitted as separate jury issues but may be presented through explanatory charges. The Court reversed the appellate court's judgment against the father, affirmed the reversal of the judgment for the child, and remanded for a new trial.