Warren v. Manchester Street Railway
Supreme Court of New Hampshire
^ Case, for negligence. Verdict for tlie plaintiff. The defendants, while running an electric car in a public street in Manchester, struck and killed the intestate, an infant three years old, who had left his home unobserved ten minutes before the accident.
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^ Case, for negligence. Verdict for tlie plaintiff. The defendants, while running an electric car in a public street in Manchester, struck and killed the intestate, an infant three years old, who had left his home unobserved ten minutes before the accident. His mother was ill in bed, and his father was away at workT/ The plaintiff’s evidence tended to prove the following facts: When the car was about fifty feet from the place of the accident, the child was within four or five feet of the track, walking slowly toward it. Apparently the motor-man did not notice him. The car was running twelve…
1Opinion of the CourtPike, J.
The defendants’ exceptions to the court’s refusals to permit the father to testify whether he allowed his child to go out unattended, and to instruct the jury that if the child strayed into the street in consequence of the parents’ negligence, and this negligence contributed to cause the injury, the plaintiff could not recover, raise the questions (1) whether a parent’s negligence is imputable to his child, and (2) whether the father of the intestate is the real plaintiff in this action.
Had the negligence relied upon been that of the motor-man solely, it would be unnecessary to consider these…
2Cases cited17 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Robinson v. ConeSupreme Court of Vermont · 1850
- Dicken v. Liverpool Salt & Coal Co.West Virginia Supreme Court · 1895
- Chicago City Railway Co. v. WilcoxIllinois Supreme Court · 1891
- Wymore v. Mahaska CountySupreme Court of Iowa · 1889
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Love v. Detroit, Jackson & Chicago RailroadMichigan Supreme Court · 1912
- Kokesh v. PriceSupreme Court of Minnesota · 1917
- Ohnesorge v. Chicago City Railway Co.Illinois Supreme Court · 1913
- Nashville Lumber Co. v. BusbeeSupreme Court of Arkansas · 1911
- Niemi v. Boston & Maine RailroadSupreme Court of New Hampshire · 1934
8 more not listed; retrieve them via the Exa API.