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DELUCA v. BOWDEN

No. 74-512.

42 Ohio St. 2d 392 (1975)

DELUCA ET AL., APPELLEES AND CROSS-APPELLANTS, v. BOWDEN ET AL., CROSS-APPELLEES; AYERS, APPELLANT.

Supreme Court of Ohio.

Decided June 4, 1975.

Attorney(s) appearing for the Case

Mr. Jack M. Lenavitt and Ms. Julia K. Casey, for appellees and cross-appellants, Messrs. Eastman, Stichter, Smith & Bergman, Mr. Richard E. Antonini, Messrs. Finn, Manahan & Pietrykowski and Mr. Thomas J. Manahan, for cross-appellees.

Messrs. Robison, Curphey & O'Connell and Mr. Daniel M. Phillips, for appellant.

STERN, J.

In Holbrock v. Hamilton Distributing, supra, this court held that a child under the age of seven is conclusively presumed to be incapable of contributory negligence. Our goal in that case, stated at page 189, was "a clear and simple rule which we believe will reach just and accurate results while also achieving a desirable judicial economy."

The instant case presents the question of whether...

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