Henningsen v. MarkoWitz

The complaint unites the infant’s causé of action for damages for personal injuries with his father’s action for damages for loss of his services. The issues were submitted, under the usual stipulation, to the court without a jury. A few days before Christmas, 1924, Richard Kevans, then thirteen years of age, entered defendant’s store and purchased from defendant personally an air rifle and B B shot to be used as ammunition. In mating this sale, defendant violated section 1896 of the Penal Law (as *548amd. by Laws of 1911, chap. 195), which forbids the sale to an infant under the age of sixteen…