CODDING v. MAKRIS

No. 5059.

104 N.H. 381 (1963)

FREDERICK CODDING by his mother and next friend v. CLAIRE G. MAKRIS.

Supreme Court of New Hampshire.

Decided January 31, 1963.


Attorney(s) appearing for the Case

Manning & Sullivan (Mr. James A. Manning orally), for the plaintiff.

Booth, Wadleigh, Langdell, Starr & Peters and Richard C. Kohls (Mr. Kohls orally), for the defendant.


KENISON, C. J.

The jury were instructed that if the plaintiff violated the so-called coasting statute (RSA 570:13) and the violation was causal of the accident, he could not recover. The instructions given were consistent with the standards set forth in Restatement (Second), Torts (Tent. draft No. 4, 1959) s. 283A, comment b: "A child of tender years is not required to conform to the standard of behavior which it is reasonable to expect of an adult....

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