Tyler v. Weed
Michigan Supreme Court
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
- Milbury v. Turner Centre SystemMassachusetts Supreme Judicial Court · 1931
- Maskaliunas v. C. W. I. R. R. Co.Illinois Supreme Court · 1925
- Sullivan v. ChadwickMassachusetts Supreme Judicial Court · 1920
- Eckhardt v. HansonSupreme Court of Minnesota · 1936
- Hayes v. NorcrossMassachusetts Supreme Judicial Court · 1895
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