Charbonneau v. Macrury

153 A. 457 (1931)

Facts

Virtually no facts are given related to the actual events of what happened. D was obviously a minor, and the victim of his alleged negligence apparently died from the negligence or D. It is clear that the trial court gave jury instructions that told the jury to take into account the age of D when determining if D was negligent. The jury found for D and P appealed. P concedes that under contributory negligence, the age of the minor is to be taken into account.