Jansen v. Siddal

This is an action on the case by the appellee against the appellants for personal injury.

The appellee at the time of the injury, was but five and a half years of age, and therefore whether the question of his discretion be one of law or fact, his tender years would decide it in his favor. Chicago City Ry. Co. v. Wilcox, 2717. N. Rep. 899.

That any negligence of his father, having the care of him, will not affect his right of action is also settled by that case.

The only question in the case, aside from the amount of damages, is whether the appellants wei-e under any duty toward the appellee,…