Spengler v. Williams

Citations

• 67 Miss. 1

Syllabus

<p>1. Presumption. Matters of common knowledge. Pleading. Evidence.</p> <p>It is not necessary to aver in pleading or to prove matters of common knowledge and experience, as all men of ordinary intelligence must be presumed to know them.</p> <p>2. Same. Negligence. Infant. Case in judgment.</p> <p>In an action for the death of a child seven years of age, where the defendant left lumber in a street frequented by children, and piled it so carelessly that it fell upon and killed the child, who, with other children, was playing about it, it is unnecessary to aver or prove that the lumber pile was calculated to attract children, and that defendant knew it. The habits and curiosity of children in this respect are- matters of common knowledge.</p>