Mississippi Supreme Court April 15, 1889 (Westbrook v. Mobile & Ohio Railroad)

Arnold, C. J.,

delivered the opinion of the court.

We are unable to subscribe to the doctrine that a minor four or five years of age, shall, as matter of law, be charged with contributory negligence, and barred from recovery in an action brought by him or in his behalf for an injury inflicted upon him by another, because he did not exercise reasonable care to avoid the injury.