Norton v. Payne

This action was brought for an infant aged five years, by her guardian ad litem, for injuries sustained by..being struck in the eyeball with a stick in the hand of a child of respondent, aged seven years, possessed of the habit of striking smaller children in the face with sticks. It is also alleged that the parents of the child causing the injury knew about, and encouraged her in, her habit of striking other children with sticks. The evidence of both parties was introduced upon a trial to the court and a jury, but the court, at the conclusion of all the evidence, granted an involuntary…