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    Torts Keyed to Epstein

    Osborne v. Montgomery

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      Plaintiff, a boy of thirteen years of age, was employed as an errand boy. He was returning to his place of employment on a bicycle. He followed a car driven by Defendant. Defendant stopped his car for the purpose of leaving some clothes at the cleaners. As Defendant’s car stopped and his door opened Plaintiff attempted to pass when the right handle bar of his bicycle collided with Defendant’s car door. As a result, Plaintiff was injured. The jury found Defendant negligent, because he did not look before opening his car door, but not negligent in stopping his car where he did. The instruction of the trial judge on the definition of negligence read as follows: 1. By ordinary care, it is meant that degree of care, which the great mass of mankind, or the type of that mass, the ordinary prudent man, exercises under like or similar circumstances. 2: Negligence is the want of ordinary care. Defendant appealed.

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    Osborne v. Montgomery