Shaske v. Hron

The question presented on this appeal is whether a boy four years, eight months old, of normal intelligence for his age, is, as a matter of law, incapable of negligence. There is a dividing line in child development of intelligence and aptitude below which a child is not expected to conform to the standard of behavior reasonably expected of an older person, and because of this lack of development the acts of the child are to be judged by a standard of behavior based on what may be reasonably expected from such a child. The caution required of a child depends on the maturity and capacity of…