Dellwo v. Pearson (1961) (motor-boating & fishhook in eye)

a.       Facts- Π was fishing, while Δ, a child, was driving his powerboat. Δ ran over Π’s fishing lines, which caused the hook to snap back and injure Π’s eye. Π sued Δ, and Trial Ct found for Δ. Π appealed, contending that the jury had been improperly instructed: the jury was told that a child’s age must be considered when considering negligence and the standard of care

b.      Procedural History- Trial Ct found for Δ, Π appealed, Minn Sup Ct reversed

c.       Issue- Whether a child should be held to the standard of care of an adult, when driving a motor vehicle

d.      Holding- Yes, a child SHOULD be held to the standard of care of an adult, when operating a motor vehicle

e.       Rule- If a child is partaking in a dangerous, “adult” activity, the child must be held to the standard of care as a prudent adult

f.       Rationale-

                                                              i.      We cannot expect anything less than reasonable care when dealing with motor vehicles

                                                            ii.      This can be squared with Purtle on the basis that hunting is NOT a regularly “adult” activity, while driving is