Rasmussen v. Garthus

The plaintiffs are asking for a new trial because of errors during the trial and in the interest of justice. The principal errors alleged to have been committed have to do with the instructions given to the jury by the court. Plaintiffs had requested the following instruction:

“In determining whether or not Barbara Rasmussen was exercising the care that one of her age, capacity, discretion, knowledge, and experience would exercise under the same or similar circumstances, due consideration should be given to the child’s instincts, for while the child may have the knowledge of an adult…