New York Court of Appeals
John McGarry, by Guardian v. John S. Loomis, Appellants
November 9, 187563 N.Y. 104
Summary
The Court of Appeals affirmed the lower court's judgment, holding that a child's parents are not a defense to a negligence claim when the child, though non sui juris, has not committed contributory negligence; that a child has a right to be on and play upon a sidewalk without that fact constituting contributory negligence; and that the defendants were guilty of gross negligence for the dangerous steam pipe condition that injured the child.