Daniels v. Evans

As to the standard of care to be applied to the conduct of the decedent Robert E. Daniels, 19 years of age, the Trial Court charged the jury in part as follows:

“ Now, he is considered a minor, being under the age of twenty-one, and a minor child must exercise the care of the average child of his or her age, experience and stage of mental develop - ment. In other words, he is not held to the same degree of care as an adult. ”

Concededly these instructions substantially reflect the rule by which the care of a minor has been judged heretofore in the courts of our state. Charbonneau v. MacRury, 84…