Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-10-06
CRAWFORD v. soUTHDRN r =,
supreme Court OF Georgia..
July 10, 1890

supreme Court OF Georgia.
July 10. 1899.
a CHILD ONLY FOUR AND a JArT
YEARS OLD CANNOT BE GUILTY.
OF CONTRADICTORY NEc1I-
GENCE. WHETHER SUCH CHILD
WAS CAPABLE OF RENDERING,
ANY VALUABLE SERVICE RIO
HER FATHER IS a QUESTION OF
FACT FOR THE JURY UPON THE
evidence.
RMS was an action against the rail-
road company by 4 father for the xiii
ing OF his child, who was Az years Of
age; The company dcmurred to the
deciaratlon upon which the court gave
Judgment for the defendant, and the
pIaintiit appealed The Court SAYS:
Granting that child only AZ year.
OF age who happens to stray Irnon q
railroad track without the consent of
the railway company is 4 trcspasser.
IN the full sense of the term as appljed
10 adult persons who, without license.
go upon the track, and that ordinarily
an an engineer in control OF n running
locomotive owes no duty whatever to
q trespasser until he discovers the lat
!, tef > presence upon the track in front
OF Inc enGine,-upon which question.
we now express no opinion.-will such
u RUE, II established, apply to a rail-
ru.tu rack In every locality through
Wfmch 1t passes, and under all circu,n-
stances? We apprehend not. One in
inc conduct OF his own lawful affairs
may not Wantonly or recklessly iniure
even a wrongdoer who, from mere
carelessness or thoughtlessness, goes
upon his premises. He must so CON
duct his affairs as not to needIessiv
lnIllct injury upon another.
q. All the grounds of the demurrer
when relate to contributory negligence
on the part of the child are easily dis
poSed OF. Where, from the age of the
want of capacity to avoid danger the
court will decide this QUESTION as mat
ter or law. We think that there con
be no doubt MS to the soundness Of the
proposition that child only Az years
~ use IS incapable of being guilty Of
contributory negligence.
8. The question whether such q. cb,a
as capable of rendering service OF anv
pecuniary value to its father is NOT
so readily disposed Of Because a, child
as too young to exercise any care for
It's own safety, we do not think it neces
Sariiy follows that 1t cannot render any
services of value to Its parents. 1t is
easy enough for court to decide, as a
matter of law that any child of a given
age Is incapable of rendering valuable
services, notwithstanding the allega-
tions oil petition may be to the con-
- 1850 thS hSC Ill question is such
that, according to all human observa-
ton and experience, 1t would be utterly
preposterous to believe that q. child who
mad not passed beyond that age could
render such services. For instance. no
sensible man believes that any child
only year old can perform service of
value to its parents. But by gradually
increasing the age we must sooner or
later arrive at an age which is de-
batable ground,-where reasona BILE
minds will differ in opinion upon the
question whether any child Of thai
y particular age can render service of me-
Z culinary worth. Just when that debat-
able ground will he reached st,is, in the
very nature of things. impossible to de-
ftermine. When the line is reached
where 1t seems possible that reasonabl
si-ninds may begin to differ upon this
sauestion. the only safe course for a
4 court to pursue Is to leave the deter
mlnation of the question to jury.
Whatever our own opinion Of the
possible capacity of. such a child may
! be, to be on the safe side, we think the
I question whether q child OF this age