Weeks Ex Rel. Weeks v. Barnard

PER CüRiam.

Between the ages of 7 and 14, a minor is presumed to be incapable of contributory negligence. Ennis v. Dupree, 258 N.C. 141, 128 S.E. 2d 231; Phillips v. R. R., 257 N.C. 239, 125 S.E. 2d 603. This presumption, however, may be overcome by evidence that the child did not use the care which a child of its age, capacity, discretion, knowledge, and experience would ordinarily have exercised under the same or similar circumstances. Walston v. Greene, 247 N.C. 693, 102 S.E. 2d 124; Caudle v. R. R., 202 N.C. 404, 163 S.E. 122. A child “must exercise care and prudence equal to his…