 | North Carolina. Supreme Court - 1876 - 886 pages
...years if not held to the same degree of discretion, and the degree depeniupou its age and knowledge. The caution required is according to the maturity and capacity of the child. Railroad Company v. Oladmon, 15 Wall. 401. In our case, the chili killed was ten years old and her... | |
 | United States. Bureau of Education - 1896 - 1286 pages
...tender years. The care and caution required of a child is according to his maturity and capacity only, and this is to be determined in each case by the circumstances of that case. THE RIGHT OF THE STATE TO EXCULPATE ITSELF. In the matter of Donohue et al., in New York, Mr. Justice... | |
 | United States. Supreme Court - 1873 - 740 pages
...infant of tender years less discretion is required, and tho degree depends upon his age and knowledge. The caution required is according to the maturity and capacity of the child, a matter to be determined in each case by the circumstances of that case. 8. A prayer for instructions... | |
 | United States. Supreme Court - 1874 - 738 pages
...tender years. The care and caution required of a child is according to his maturity and capacity only, and this is to be determined in each case by the circumstances of that case.* But it is not necessary to pursue this subject. The record expressly states that " the counsel for... | |
 | Francis Wharton - 1874 - 960 pages
...infant of tender years less discretion is required, and the degree depends upon his age and knowledge. The caution required is according to the maturity and capacity of the child, a matter to be determined in each case by the circumstances of the case.2 This view is approximated... | |
 | 1875 - 842 pages
...yet of an infant less discretion is required, and the degree depends upon his age and knowledge. " The caution required is according to the maturity and capacity of the child, and that is determined in each case by the cireumstances of that case :" 15 Wall. 408. The test we have... | |
 | Joseph Chitty, Henry Greening - 1876 - 992 pages
...would be required than of one of seven, and of a child of seven less than of one of twelve or fifteen. The caution required is according to the maturity...determined in each case by the circumstances of that case. This rule has been supported by great force of reason and authority. The decisions are not, however,... | |
 | William Wait - 1878 - 1004 pages
...caution would be required than of seven, and of a child of seven, less than of one of twelve or fifteen. The caution required is according to the maturity...determined in each case by the circumstances of that case. Railroad Company v. Gladmon, 15 "Wall. 401. See, also, Railroad Company v. Stout, 17 id. 657 ; Chicago,... | |
 | Isaac Grant Thompson - 1879 - 886 pages
...years. That the care and caution required of a child is according to its maturity and capacity only, and this is to be determined in each case by the circumstances of that case, and that while the infant here was clearly a trespasser, and had no right on the premises of the railroad... | |
 | Austin Abbott - 1879 - 612 pages
...he turned back, and was severely injured by the horses or car. The driver was careless. Held, that the caution required is according to the maturity and capacity of the child, and is to be determined in each case by the circumstances of that case. (1872, Opinion by HUNT, J.) Railroad... | |
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The caution required is according to the maturity and capacity of the child, and this is to be determined in each case by the circumstances of that case. 
