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Dellwo v. Pearson

107 N.W.2d 859 (1961)

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Dellwo v. Pearson

Minnesota Supreme Court

107 N.W.2d 859 (1961)

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Facts

Jeanette Dellwo and her husband (plaintiffs) were on a lake, fishing from a boat. Dellwo had 40 to 50 feet of fishing line trailing behind their boat while trolling at a slow speed. Pearson (defendant) was a 12-year-old boy driving another boat. Pearson drove behind Dellwo’s boat and caught the fishing line in his outboard motor’s propeller. This caused the fishing line to run all the way out on Dellwo’s fishing rod and pulled the rod down into the boat. The reel broke and a part flew through Dellwo’s glasses and injured her eye. Dellwo and her husband sued Pearson for negligence. The trial court instructed the jury that Pearson’s standard of care should be measured against a child of like age, mental capacity, and experience under similar circumstances. The jury returned a verdict in favor of Pearson, and Dellwo appealed.

Rule of Law

Issue

Holding and Reasoning (Loevinger, J.)

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