Wiswell v. Doyle
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff’s intestate, Grace E. Wiswell, a child four years old, by the alleged negligence of the defendant. At the trial in the Superior Court, before Aldrich, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtAllen, J.
The plaintiff’s counsel, in the request for instructions which was refused, assumed that the child’s mother might be found to have been negligent; but his request was founded on the view that, although it was careless in the mother to allow her children to be upon the street unattended, still her negligence did not lead to the accident, as there was nothing in the conduct of the child herself which was inconsistent with due care.
It is certainly possible for a case to exist where, although it. may be careless to let a young child go alone upon a street, yet *43the child may have been injured by…
2Cases cited5 opinions
- Collins v. South Boston RailroadMassachusetts Supreme Judicial Court · 1886
- Lynch v. SmithMassachusetts Supreme Judicial Court · 1870
- Gibbons v. WilliamsMassachusetts Supreme Judicial Court · 1883
- McGuiness v. ButlerMassachusetts Supreme Judicial Court · 1893
- Casey v. SmithMassachusetts Supreme Judicial Court · 1890
3Cited by9 opinions
- Minsk v. PitaroMassachusetts Supreme Judicial Court · 1933
- Slattery v. Lawrence Ice Co.Massachusetts Supreme Judicial Court · 1906
- Miller v. Flash Chemical Co.Massachusetts Supreme Judicial Court · 1918
- McNeil v. Boston Ice Co.Massachusetts Supreme Judicial Court · 1899
- Savannah Electric Co. v. ThomasCourt of Appeals of Georgia · 1923
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