NEGLIGENCE-CONTRIBUTORY NEGLIGENCE-EFFECT OF VIOLATION OF STATUTE BY MINOR PLAINTIFF

Authors

Richard P. Matsch S.Ed., University of Michigan Law SchoolFollow

Abstract

Plaintiff's decedent, a thirteen year old boy, was killed in a collision between his bicycle and defendant's automobile. Both vehicles were travelling in the same direction on a public highway when, according to the defendant's testimony, the boy suddenly made a left tum in front of the automobile and was struck. The defendant asserted that the child failed to give any signal indicating a tum and therefore violated the Utah statute prescribing rules of the road. Defendant moved for a directed verdict on the issue of contributory negligence charging that the conduct of the decedent was negligence per se. The trial court denied this motion. On appeal, held, affirmed. The generally accepted rule that consideration must be given to the age, intelligence and experience of an infant in determining the issue of his contributory negligence prevails over the rule that a statutory violation constitutes negligence as a matter of law. Morby v. Rogers, (Utah 1953) 252 P. (2d) 231.

Recommended Citation

Richard P. Matsch S.Ed., NEGLIGENCE-CONTRIBUTORY NEGLIGENCE-EFFECT OF VIOLATION OF STATUTE BY MINOR PLAINTIFF, 51 Mich. L. Rev. 1094 (1953).
Available at: https://repository.law.umich.edu/mlr/vol51/iss7/16