NEGLIGENCE - CONTRIBUTORY NEGLIGENCE - INFANT PLAINTIFF'S VIOLATION OF STATUTE
Babler, Wayne E.
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- 1961Daun v. Truax Cal.
- 1953Alvarez v. Hernández P.R.
- 1953Álvarez v. Hernández P.R.
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Abstract
A nine-year old boy, who ran out into the street without looking in both directions, and thus violated a statute, was injured by an automobile the driver of which was allegedly negligent. Held, it is not negligence as a matter of law for a nine-year old boy to step into the street without looking both ways, notwithstanding the penal statute. Michalsky v. Gaertner, 53 Ohio App. yr, 5 N. E. (2d) 181 (1937).