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HOLBROCK v. H. DISTR., INC.

No. 40625.

11 Ohio St. 2d 185 (1967)

HOLBROCK, ADMR., APPELLANT, v. HAMILTON DISTRIBUTING, INC., APPELLEE.

Supreme Court of Ohio.

Decided July 19, 1967.

Attorney(s) appearing for the Case

Messrs. Holbrock & Johnson and Mr. George N. Johnson, for appellant.

Messrs. Fitton, Pierce, Baden & Wynn, for appellee.

HERBERT, J.

In fashioning a rule of law to be applied in cases where it is claimed that a child under seven years of age was contributorily negligent, we are presented with three choices. The first is that a child under seven years of age is conclusively presumed to be incapable of contributory negligence. E. g., Walston, Admr., v. Greene (1958), 247 N. E. 693, 102 S.E.2d 124. The second is that a child under...

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