Judgment insofar as appealed from reversed and a new trial granted, with costs to plaintiffs to abide the event.
We believe that it was prejudicial error to exclude the testimony of the infant without a preliminary examination by the Trial Justice to determine his capacity and the extent of his knowledge. In view of his age at the time of the accident and at the time of the trial we do not believe that as matter of law he was incompetent to testify (cf. Ryan v...
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