Thomas v. Tesch

This court, in Shaske v. Hron (1954), 266 Wis. 384, 63 N. W. (2d) 706, held that as a matter of law a child under the age of five and one-half years is incapable of either contributory or primary negligence. The trial of the *341instant case took place on January 11, 1954, and the order for judgment upon motions after verdict was entered March 3, 1954, while our decision in Shaske v. Hron was not handed down until April 6, 1954. This undoubtedly accounts for the fact that the learned trial judge, submitted an issue ..as to plaintiff’s negligence to the jury and permitted the jury’s finding of…