Logan v. Jackson

The charge of the court upon the subject of contributory negligence of the infant plaintiff when considered in its entirety was so confusing that it is doubtful if the jury could possibly have obtained a clear idea as to the law applicable thereto. It was long ago written that it might be “ better if the phrases non sui juris and sui juris were dropped altogether in the restricted and uncertain sense in which they have been used in respect of children plaintiffs in actions for damages for negligence.” (Batchelor v. Degnon Realty & Term. Improvement Co., 131 App. Div. 136, 140.) In the instant…