Legal Opinion

Tyler v. Weed

Michigan Supreme Court

Decided June 30, 1938No. Docket No. 54, Calendar No. 39,704Published

1Opinion of the Court

I cannot join in the holding that a boy, six years and seven months of age,* cannot, under any circumstances, be guilty of contributory negligence as a matter of fact, nor can I subscribe to the statement that:

"In Michigan, the common-law rule is reaffirmed, and children under the age of seven years are conclusively presumed to be incapable of negligence."

The common-law rule with reference to non-responsibility of children under seven years of age, related to criminal acts and ought not, by analogy, because wholly lacking in similarity, be applied to negligence.

My Brother adopts the Illinois…

2Cases cited16 opinions

  1. Milbury v. Turner Centre SystemMassachusetts Supreme Judicial Court · 1931
  2. Maskaliunas v. C. W. I. R. R. Co.Illinois Supreme Court · 1925
  3. Sullivan v. ChadwickMassachusetts Supreme Judicial Court · 1920
  4. Eckhardt v. HansonSupreme Court of Minnesota · 1936
  5. Hayes v. NorcrossMassachusetts Supreme Judicial Court · 1895

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API