SHASKE v. HRON


266 Wis. 384 (1954)

SHASKE and another, Plaintiffs and Respondents, vs. HRON(Elroy), Defendant: HRON (Kevin), by Guardian ad litem, Defendant and Appellant.

Supreme Court of Wisconsin.

April 6, 1954.


Attorney(s) appearing for the Case

For the appellant there was a brief by Byrne, Bubolz & Spanagel of Appleton, and oral argument by Edward J. Byrne.

For the respondents the cause was submitted on the brief of Bartelt & Bartelt of Kewaskum, attorneys, and Henry A. Detling of Sheboygan of counsel.


FAIRCHILD, C. J.

The question presented on this appeal is whether a boy four years, eight months old, of normal intelligence for his age, is, as a matter of law, incapable of negligence. There is a dividing line in child development of intelligence and aptitude below which a child is not expected to conform to the standard of behavior reasonably expected of an older person, and because of this lack of development the acts of the child are to be judged by a standard...

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