California Civil Jury Instructions (CACI)

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