Gough v. Thorne [1966] 3 All ER 398
A 13 year old child, the claimant, was standing on the pavement waiting to cross the street. Between the pavement and the other side of the road was a refuge. An approaching lorry driver stopped and beckoned the claimant to cross. The claimant crossed but after passing the lorry was struck by a speeding bubble car. The claimant was awarded damages but the amount was reduced by one third as it as deemed the she contributed to the negligence. The claimant appealed and it was held on appeal that a 13 year old child could not be adjudged to have contributed to the negligence in the circumstances.
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