HUPRICH v. VARGA & SONS

No. 38854.

3 Ohio St. 2d 87 (1965)

HUPRICH, A MINOR, APPELLEE, v. PAUL W. VARGA & SONS, INC., ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 7, 1965.


Attorney(s) appearing for the Case

Messrs. Lane, Huggard & Alton and Mr. Jack Alton, for appellee.

Messrs. Sebastian, Fais & Durst and Mr. Arthur M. Sebastian, for appellants.


HERBERT, J.

The issue in this cause is whether a minor who witnesses an automobile accident at the age of four years is incompetent as a matter of law to testify as a witness to such accident, when he has reached the age of 13 years.

During the trial of this cause, counsel for the plaintiff sought to introduce the testimony of Clifford Huprich, a minor and plaintiff-appellee herein, who was four years of age at the time of the accident and 13 years...

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