Holbrock v. Hamilton Distributing, Inc.

In fashioning a rule of law to be applied in cases where it is claimed that a child under seven years of age was contributorily negligent, we are presented with three choices. The first is that a child under seven years of age is conclusively presumed to be incapable of contributory negligence. E. g., Walston, Admr., v. Greene (1958), 247 N. C. 693, 102 S. E. 2d 124. The second is that a child under seven years of age is presumed to be incapable of contributory negligence but that such presumption is rebuttable. E. g., Bush v. New Jersey & New York Transit Co., Inc. (1959), 30 N. J. 345, 153…