We will deal primarily with the child of tender years and will touch only briefly on the teen-ager in the field of contributory negligence. We will first examine the characteristics of younger children which the courts have emphasized in applying the doctrine of contributory negligence and then review the rationale underlying the way in which the courts have applied the doctrine to the child. We will find that the "capacity" of a child to be contributorily negligent has presented problems which are related to the standard of care which the child, if capable of contributory negligence, must observe in order not to be barred by this defense.
James H. Keet Jr., Contributory Negligence of Children, 12 Clev.-Marshall L. Rev. 395 (1963)