Bisaillon v. Blood
Supreme Court of New Hampshire
Case, for the negligent injury of the plaintiff. Verdict for the defendant. In October, 1886, the defendant, while driving a horse in a carriage on a public street of Manchester, ran over and injured the plaintiff, an infant then five years old, who had wandered from his home without an attendant or custodian, and was playing in the street with other children of about the same age.
Read the full summary
Case, for the negligent injury of the plaintiff. Verdict for the defendant. In October, 1886, the defendant, while driving a horse in a carriage on a public street of Manchester, ran over and injured the plaintiff, an infant then five years old, who had wandered from his home without an attendant or custodian, and was playing in the street with other children of about the same age. The jury were instructed that the plaintiff being too young to exercise care for himself, it was the duty of his parents or natural guardians to exercise care and prudence for him to prevent his being injured, and…
1Opinion of the CourtCarpenter, J.
The plaintiff would be entitled to damages for the defendant’s negligent injury of his property similarly exposed to danger by the carelessness of his guardian. Davies v. Mann, 10 M. & W. 546; Smith v. Railroad, 35 N. H. 366, 367; Giles v. Railroad, 55 N. H. 555. An infant of such tender years as to be incapable of exercising care is not less under the protection of the law than his chattel. The previous negligence of the plaintiff’s parents was immaterial. The only question for the jury was, whether the defendant by the exercise of ordinary care could have prevented the injury; if she could…
2Cases cited1 opinion
- Nashua Iron & Steel Co. v. Worcester & Nashua RailroadSupreme Court of New Hampshire · 1882
3Cited by7 opinions
- Bellotte v. Zayre Corp.Supreme Court of New Hampshire · 1976
- Felch v. Concord RailroadSupreme Court of New Hampshire · 1890
- Dorr v. Atlantic Shore Line RailwaySupreme Court of New Hampshire · 1911
- City of Jeffersonville v. McHenryIndiana Court of Appeals · 1899
- Middlesex & B. St. Ry. Co. v. EganCourt of Appeals for the First Circuit · 1914
2 more not listed; retrieve them via the Exa API.