California Civil Jury Instructions (CACI) (2017)

905. Duty of Common Carrier Toward Minor Passengers

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905.Duty of Common Carrier Toward Minor Passengers
If a common carrier voluntarily accepts a child as a passenger, it must
use as much additional care as is reasonably necessary to ensure the
child’s safety.
New September 2003
Sources and Authority
• A common carrier owes a greater duty of care to minor passengers: “It is settled
law that a carrier owes a greater quantum of care to a child of tender years
accepted by it as a passenger than it would to an adult.” (Brizzolari v. Market
Street Ry. Co. (1935) 7 Cal.App.2d 246, 248 [46 P.2d 783].)
• “In this instruction, the court admonished the jury that a carrier of passengers
owes to children who are passengers on its cars a greater degree of care than it
owes to adults. Such an instruction is proper.” (Mudrick v. Market Street Ry.
Co. (1938) 11 Cal.2d 724, 734 [81 P.2d 950].)
Secondary Sources
2 Levy et al., California Torts, Ch. 23, Carriers,§ 23.02[6] (Matthew Bender)
11 California Forms of Pleading and Practice, Ch. 109, Carriers (Matthew Bender)
2 California Civil Practice: Torts (Thomson West) § 28:6
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