Verni v. Johnson

The testimony here raised a question of fact as to defendant’s negligence. The Trial Justice submitted to the jury that issue and an issue as to contributory negligence of plaintiff’s intestate, an infant three years and two months old at the time of the accident. Plaintiff’s counsel requested a charge that “ a child of the age of three years and two months is non sui juris and incapable of being guilty of negligence ”. The request was refused. We granted leave to appeal so that we might pass on the correctness of the rule of law contended for in that request to charge.

Ip every reported case…