Cour de cassation
Given that according to the judgment under attack (Agen, 12 May 1980) young Eric Gabillet was sitting on an improvised see-saw on 30 June 1975, with a stick in his hand, when the see-saw broke and he fell, putting out the eye of his friend Philippe Noye as he did so; that Lucien Noye, acting as statutory administrator of his son's property, sued Eric Gabillets parents in respect of this accident as having him in their garde;
Given that his parents complain that the decision held young Eric liable under article 1384(1) Code civil whereas, as they contend, the presumption of liability can only be applied where there is some faculty of discernment, and that the Court of Appeal thus violated and misapplied article 1384(1);
But given that after holding that young Eric Gubler had the use, direction and control of the stick the Court of Appeal had no need, notwithstanding the very tender years of the child, to determine whether or not he had any sense or judgement, and their decision is legally justified;
For these reasons REJECTS the application for review.
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