Brady v. Lewless

On Motion for Rehearing.

The dissent argues that there is no sound or justifiable reason for applying a different standard with regard to primary and contributory negligence. It is also urged that Code § 105-1806 is negative in character and merely sets the "ceiling” age at which the defense of infancy cannot be used. The Code section in question positively provides that those over the age of discretion and accountability for criminal offenses may not use infancy as a defense. However, as to those under such age, the Code section, by its very nature, just as unequivocally provides that infancy…