Preston v. Duncan

This is an appeal, by a plaintiff, from a summary judgment dismissing two causes of action:

1. An action against a six-year-old minor because the child “intentionally and with full knowledge of the probable effects thereof did jump” from a chair onto the plaintiff (a seventy-eight-year-old woman), “knocking plaintiff to the floor”; in consequence of which, she sustained a fractured left femur and other injuries.

It is conceded, in the plaintiff’s brief, that the fact of jumping on her by the child did not constitute an actionable tort, unless the child “performed the act with full knowledge and…