Binsfeld v. Curran

The plaintiffs advance the proposition *Mrs. Curran was negligent as a matter of law because she failed to increase her vigilance when she knew the minor was likely to come into her course of travel. The plaintiffs’ argument proceeds on the theory that because a child under the age of seven is conclusively presumed to lack the capacity of being negligent by grace of sec. 328.44, Stats., that therefore a driver must necessarily be negligent if such a child is injured.

The duty of a motor vehicle driver approaching a place where children are present is the subject of an exhaustive annotation in…