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Charbonneau v. MacRury
New Hampshire Supreme Court
84 NH 501, 153 A. 457 (1931)
Seventeen-year-old licensed driver Elwood MacRury (defendant) was driving his father’s car when he struck and killed Joseph Charbonneau’s (plaintiff’s) three-year-old son. Charbonneau sued on behalf of his son’s estate. The judge instructed the jury that the general standard of care for negligence was that of a reasonable person under the same circumstances. The judge further instructed that a minor’s conduct “should be judged according to the average conduct of persons of his age and experience.” The jury found in MacRury’s favor and Charbonneau appealed, arguing that the court should have applied an adult standard of care.
Rule of Law
Holding and Reasoning (Snow, J.)
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