CHARBONNEAU V. MacRURY
153 A. 457 (1931)
NATURE OF THE CASE: Charbonneau (P), estate administrator, sought review of a judgment in
favor of MacRury (D), a minor, in P's negligence action. P conceded that the infancy of a
person was of material importance in determining whether he had been guilty of contributory
negligence, but contends that a minor charged with actionable negligence, is to be held to
the standard of care of an adult.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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