Negligence – Breach of Duty – Standard of Care Required of Infant Defendants

One of the defendants, a child four years and eight months of age, while playing with infant plaintiff, threw a stone which struck a bottle near where plaintiff was standing. A chip of glass Hew from the bottle into the eye of plaintiff, resulting in injury. The action was brought by infant plaintiff’s father individually and as guardian ad litem against infant defendant’s father individually and as guardian ad litem. The trial court denied infant defendant’s motion for summary judgment. On appeal, held, reversed and remanded with directions to dismiss the complaint as to infant defendant. The authorities do not generally distinguish between primary and contributory negligence of infants; a child under five and one-half years of age is generally considered incapable of negligence. Shaske v. Hron, 266 Wis. 384, 63 N.W. (2d) 706 (1954).