Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Minors Under The Age Of Seven; Incapable Of Primary Negligence Or Intentional Torts; Conclusive Presumption; Deluca V. Bowden, Robert Austin Cross
Minors Under The Age Of Seven; Incapable Of Primary Negligence Or Intentional Torts; Conclusive Presumption; Deluca V. Bowden, Robert Austin Cross
Akron Law Review
The only question considered by the supreme court was "whether a child under the age of seven is liable for primary negligence or for an intentional tort." The court noted the general incapacity of a child of this age to act with reason and foresight, and further expressed its own reluctance to attach blame to a child "in any sense comparable to the blame attachable to an adult." For these reasons it held that such a child shall be conclusively presumed incapable of both primary negligence and intentional tort.
In so holding, Ohio joins a distinct minority of states which …