Raymond v. Jenard

The sole question raised by the plaintiffs’ appeal is whether the trial court erred in instructing the jury that the case was controlled by the contributory negligence rule rather than by the comparative negligence rule.

A brief recital of the facts should be helpful in providing a context within which to consider the legal issue. On June 3, 1971, plaintiff, Stephen Raymond, a minor, was injured when a firecracker given him by defendant, Jay Arthur Jenard, exploded in his hand. On his own as well as Stephen’s behalf, his father commenced this civil action for actual and consequential damages…