Willenbring v. Borkenhagen

Because we reverse on the first ground and reinstate the jury’s verdict, we do not consider the requests for new trial. The sole issue considered on this appeal is whether the trial court was justified in changing the jury’s determination of respondent’s negligence, so as to find no negligence on her part.

It is- undisputed that a minor seven years old or older is capable of being negligent. Sec. 328.44, Stats. We have often pointed out, “The degree of care required of a child depends upon his age, capacity, discretion, knowledge, and experience.” Rossow v. Lathrop (1963), 20 Wis. (2d) 658,…