Codding v. Makris.
Supreme Court of New Hampshire
1Opinion of the CourtKenison, C. J.
The jury were instructed that if the plaintiff violated the so-called coasting statute (USA 570:13) and the violation was causal of the accident, he could not recover. The instructions given were consistent with the standards set forth in Restatement (Second), Torts (Tent, draft No. 4, 1959) s. 283A, comment b: “A child of tender years is not required to conform to the standard of behavior which it is reasonable to expect of an adult. His conduct is to be judged by the standard of behavior to be expected of a child of like age, intelligence, and experience.” See also, Charbonneau v. MacRury,…
2Cases cited1 opinion
- LeBlanc v. WelchMassachusetts Supreme Judicial Court · 1955