The New York herald. [volume] (New York, N.Y.) 1920-1924, 1922-09-03

A T what age child becomes cap
n able of discretion has been
passed upon by New Jerseys
highest court in negligence case.
Children are often injured in accidents
and a common defense in such a dam
age suit is that the child was guilty Of
contributory negligence. The law in
the State courts is that when the In
jured party in an accident has been
guilty OF negligence/and is to blame
for tho accident he cannot recover
damages. This does not apply to chill
dren OF tender age because to be
guilty OF negligence one must have
reached the age Of discretion.
No child under the age of seven
years is capable of committing a crime
IL child six years old kills another
child he is not held for murder or man
slaughter of any degree. IL a child
under seven sets fire to a house it is
not arson. Nothing that a child under
seven years old does can be n crime.
This is on the theory that a child of
such tender age has neither under
standing of what constitutes a crime
nor OF the results OF its own acts and
that 1t has not judgment or discre-
ton.
Between the age of seven years and
OF twelve years child is presumed TO
be Incapable of crime but that pre-
sumption may be removed by proof
that the child had sufficient capacity
to understand the neglect or crime
charged and know its wrongfulness.
The law as to the liability Of a child
for criminal offenses is absolute but
the law OF a child's civil responsibility
for its acts is not statute law but the
decisions OF the courts.
In this recent New Jersey case n
child Ga years old was coasting on
his sled and struck the wheel of the
defendants motor truck. The child
was injured and suit was brought for
damages. The trial Judge charged the
jury that there is a presumption that
a child under Z years OF age is not
guilty OF cortributory negligence:
that somewhere I'm the progress of the
life of child he reaches a point where
he crosses from adolescence to ca
pacity for understanding and that
when a boy reaches that age the de-
gree OF care and caution TO be exer-
ciscd by him Is such as would ordlnar-
lily be expected from child of his
age and. experience"
II tho Jury finds as n matter Of fact
that the boy had not reached the age
OF discretion then no act OF his could
he held against him because Il would
not be fair 10 charge n child who did
not have tho ability to reason and take
care OF himself With negligence. The
test Is tho child's capacity to under
stand and avoid dangers to which Il
Is exposed.
After a child reaches the age Of 7
he is not charged with the same dis
erection as a man but only with the
exercise OF discretion "of person OF
similar age. Judgment and experience"
In an old case decided In the New
York Court OF Appeals. which has
been followed ever since. a girl 90
years old was takine her little brother
3 years and months old across the
street to drug store. The boy fell
on the street car tracks It was tn
tho old horse car days and the driver.
who might have seen the boy fall and
stopped his horses n Inc had been
watchrul. did not stop and ran over the
boy.
Tho street car company put In a
number NJ defensos; that the boy had
no business TO fall on tho track, that
his sister was not old enough 20 look
after him, and that tho parents we're
negligent. In letting young girl ex-