Atchison, Topeka & Santa Fé Railroad v. Plaskett ex rel. Plaskett

Per Qwriam:

In support of the motion for a rehearing in this case several cases have been cited, notably, Chicago City Railway Co. v. Wilcox, 27 N. E. Rep. 899; Avey v. Galveston &c. Co., 17 S. W. Rep. 31, and other like cases, deciding that where a child of tender years is injured by the negligence of another, the negligence of his parents, even though present at the time of the accident, cannot be imputed to him. Wé may fully assent to all decided in those cases, but that does not change or modify the former opinion handed down. Even if it be conceded that the little boy who was injured is…