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MEASURE OF CARE BY CHILD

     The conduct of a child is not measured by the same rules that apply to adults. The measure of care required of a boy or girl is that degree of care which a boy or girl of ordinary care and prudence and of the same age, capacity, education and experience is accustomed to exercise for his or her own safety under the same or similar circumstances. First, decide what the child did or did not do, what his or her capacity, education and experience was, what the conditions and circumstances were, then apply this rule and determine whether the plaintiff exercised the degree of ordinary care required of him or her.

 

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