Trace Your Case

ISSUE:

The two issues in this case are:
1. Can the defendant be held negligent in failing to promptly stop his car?
2. Can the plaintiff be held to the same standard of care commonly exercised by the ordinary boy of his age?

RULE:

A boy of seven is not held to the same standard of care in self protection as a mature man. When considering his contributory negligence the standard is the degree of care commonly exercised by the ordinary boy of his age and maturity.

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