Honeycutt Ex Rel. Phillips v. City of Wichita

The opinion of the court was delivered by

Miller, C.J.:

This is an interlocutory appeal from an order of the Sedgwick County District Court, finding as a matter of law that the six-year-old plaintiff, Jeremy Honeycutt, could not be comparatively at fault because of his age and granting partial summary judgment. Defendants, the City of Wichita, U.S.D. No. 259, Union Pacific Railroad Corporation, and Missouri Pacific Railroad Co., appeal.

The issue for our decision is whether the negligence of a young child is a question of fact or whether a child below a certain age is incapable of negligence as…