Meaning of ‘‘due care’’ in reference to child of tender years

The term ‘‘due care,’’ when used in reference to a child of tender years, is such care as the child’s mental and physical capacities enable him to exercise in the actual circumstances of the occasion and situation under investigation. (Civil Code 1895, § 2901; Civil Code 1910, § 3474; Code 1933, § 105-204.) History of Code section. — The language of this Code section is derived in part from the decision in Western & A.R.R. v. Young, 83 Ga. 512, 10 S.E. 197 (1889).