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Negligence-Contributory Negligence-Effect Of Violation Of Statute By Minor Plaintiff, Richard P. Matsch S.Ed.

Michigan Law Review

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 …