What is the effect of sympathy with an infant on a plaintiff?
Saskatchewan, Canada
The following excerpt is from Retailers' Trust Company Limited v. Regush, 1958 CanLII 179 (SK CA):
I fully agree with what was stated by the learned trial judge and also adopt as my own the words of Farwell, L.J. in Latham v. Johnson [1913] 1 KB 398, at 408, 82 LJKB 258, where he states: “We must be careful not to allow our sympathy with the infant plaintiff to affect our judgment; sentiment is a dangerous will-of-the-wisp to take as a guide in searching for legal principles.”
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