Faith v. Massengill

Jordan, Judge.

It is the contention of counsel for the minor defendant that as a matter of law an eight year old child cannot be guilty of actionable, primary negligence; and that, accordingly, the plaintiff’s petition as to this defendant failed to state a cause of action. Counsel, however, has cited no cases in support of this contention; and we have been unable to find any in the reported cases of the appellate courts of this State or of other jurisdictions.

Both this court and the Supreme Court, on numerous occasions, have decided the question of whether or not a child of tender years is…