NEGLIGENCE - CONTRIBUTORY NEGLIGENCE - INFANT PLAINTIFF'S VIOLATION OF STATUTE

Babler, Wayne E.

Journal: Michigan Law Review

Volume: 36

First Page: 328

Year: 1937

Bluebook Citation: 36 MICH. L. REV. 328 (1937)

Author: Wayne E. Babler: all 4 publications


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Cited
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1950s1960s

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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).

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