Bernard v. Merrill
Supreme Judicial Court of Maine
On Motion and Exceptions by Defendants. This was an action of tort for loss of services of the plaintiff’s minor daughter alleged to have'been injured by the defendants’ negligence in setting her at work on a machine claimed to be dangerous, without having been instructed by the defendants as to its dangerous character.
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On Motion and Exceptions by Defendants. This was an action of tort for loss of services of the plaintiff’s minor daughter alleged to have'been injured by the defendants’ negligence in setting her at work on a machine claimed to be dangerous, without having been instructed by the defendants as to its dangerous character. The defendants pleaded the general issue and brief statement as follows: That this suit ought not to be further prosecuted against them because they say that heretofore the plaintiff in his capacity as next friend to Florence K. Bernard, the person in this suit alleged to have…
1Opinion of the CourtHaskell, J.
This is an action by a father for loss of service of his child, an infant, from an injury suffered by the child in the employ of defendant occasioned by his negligence.
*361The defendant pleaded in bar of the action a judgment in his favor in a suit by the child for the same injury, which was prosecuted by the father as next friend. The bar was overruled below and the defendant has exception.
It is contended that the prosecution of the child’s suit by the father comes within the rule given in Lander v. Arno, 65 Maine, 29, “that a person cannot .be bound by a judgment when he is not a party thereto,…
2Cases cited14 opinions
- Lovejoy v. MurraySupreme Court of the United States · 1866
- Corcoran v. Chesapeake and Ohio Canal Co.Supreme Court of the United States · 1877
- Stoddard v. ThompsonSupreme Court of Iowa · 1870
- Tripp v. GiffordMassachusetts Supreme Judicial Court · 1891
- Landis v. HamiltonSupreme Court of Missouri · 1883
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gumienny v. HessMichigan Supreme Court · 1938
- Miller v. MillerSupreme Judicial Court of Maine · 1996
- State Ex Rel. Odenwald v. District CourtMontana Supreme Court · 1934
- Arsenault v. CarrierSupreme Judicial Court of Maine · 1978
- Arsenault v. CarrierSupreme Judicial Court of Maine · 1978