What is the test for contributory negligence against an infant?
New Brunswick, Canada
The following excerpt is from Chiasson et al. v. Baird et al., 2005 NBQB 102 (CanLII):
In the case of McEllistrum v. Etches, 1956 CanLII 103 (SCC), [1956] S.C.R. 787, Kerwin, C.J., stated at page 793 that: 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 a like age, intelligence and experience.
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