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Daniels v. Evans | 224 A.2d 63 (1966)
It seems unfair to expect minors to behave as mature adults. But if a minor is doing something normally reserved for adults, is that expectation really unfair? The court considered that question in Daniels versus Evans.
Nineteen-year-old Robert Daniels was killed when his motorcycle collided with John Evans’s automobile. The Daniels estate sued Evans for negligence, and Evans claimed that Daniels’s contributory negligence precluded any recovery. The trial court instructed the jury that because Daniels was under twenty-one, he was a minor and was held to the standard of care of the average child of his age, experience, and mental development. Daniels wasn’t to be held to the same degree of care as an adult.
The jury found for Daniels, and Evans appealed to the New Hampshire Supreme Court.
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