Flynn v. Hatton
New York Court of Common Pleas
Appeal from a judgment rendered by the special term for the plaintiff. * First. The negligence of her parents in allowing the infant plaintiff to expose herself to danger must be imputed to the infant, and forms such an element of contributive negligence as to bar her recovery (Hartfield agt. Roper, 21 Wend., 615 ; Brown agt. Maxwell, 6 Hill, 592; Krieg agt. Wells, 1 E. D. Smith, 74; Munger agt. Tonawanda R.R. Co., 4 N. Y., 359; Mangam agt.
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Appeal from a judgment rendered by the special term for the plaintiff. * First. The negligence of her parents in allowing the infant plaintiff to expose herself to danger must be imputed to the infant, and forms such an element of contributive negligence as to bar her recovery (Hartfield agt. Roper, 21 Wend., 615 ; Brown agt. Maxwell, 6 Hill, 592; Krieg agt. Wells, 1 E. D. Smith, 74; Munger agt. Tonawanda R.R. Co., 4 N. Y., 359; Mangam agt. Brooklyn City R.R., 36 Barb., 230 ; Burke agt. Broadway & 7th Ave. R.R., 49 Barb., 529 ; Wilds agt. Hudson R. R.R. Co., 24 N. Y., 430 ; Same agt. Same, 29…
1Opinion of the Court
By the court, Robinson, J.
—I am of the opinion that the defendant was not responsible for the injury sustained by the plaintiff.
No question is presented as to the extent of damages which the tenant, the father of the plaintiff, has himself sustained by reason of any breach of the landlord’s agree*347ment to repair; nor upon any claim as between parties standing in privity of contract, or estate, and rsepectively liable to each other; nor upon any claim that the premises, when originally rented to John Flynn, the father, were in a dangerous condition, or in any respect constituted a nuisance,…
2Cases cited10 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Blanchard v. ElyNew York Supreme Court · 1839
- Doupe v. . GeninNew York Court of Appeals · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Schick v. FleischhauerAppellate Division of the Supreme Court of the State of New York · 1898
- Thompson v. ClemensCourt of Appeals of Maryland · 1903
- Hamilton v. FearyIndiana Court of Appeals · 1893
- Frank v. MandelAppellate Division of the Supreme Court of the State of New York · 1902
- Feary v. HamiltonIndiana Supreme Court · 1895
13 more not listed; retrieve them via the Exa API.