What is the test for contributory negligence in cases involving infants?
British Columbia, Canada
The following excerpt is from Gonzalez (Guardian of) v. Stewart, 1995 CanLII 1213 (BC SC):
18 In McEllisturm v. Etches, 1956 CanLII 103 (SCC), [1956] S.C.R. 787 at 793, Kerwin C.J.C. stated: It should now be laid down that where the age is not such as to make a discussion of contributory negligence absurd, it is a question for the jury in each case whether the infant exercised the care to be expected from a child of like age, intelligence and experience.
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