Wisconsin Statutes 891.44 – Presumption of lack of contributory negligence for infant minor
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It shall be conclusively presumed that an infant minor who has not reached the age of 7 shall be incapable of being guilty of contributory negligence or of any negligence whatsoever.
891.44 Annotation A refusal to instruct under this section was not error when no issue of the plaintiff‘s negligence was presented by the pleadings or by evidence. Wagner v. American Family Mutual Insurance Co., 65 Wis. 2d 243, 222 N.W.2d 652 (1974).
Terms Used In Wisconsin Statutes 891.44
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Minor: means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "minor" does not include a person who has attained the age of 17 years. See Wisconsin Statutes 990.01
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.