Morris Ex Rel. Morris v. Sprott

We think bis Honor’s bolding, as a matter of law, tbat a child of seven years of age is incapable of being guilty of contributory negligence is in conflict with tbe decisions of tbis Court, which are to tbe effect tbat contributory negligence on tbe part of a child is to be measured by bis age and bis ability to discern and appreciate tbe circumstances of danger; and is not chargeable with tbe same degree of care as an experienced adult, but is only required to exercise such prudence as one of bis age may be expected to possess; and tbis is usually, if not' always, when tbe child is not…