O'Brien v. McGlinchy
Supreme Judicial Court of Maine
On exceptions and motions from the superior court. Case by an infant three and a half years of age, by his father and next friend, for negligence of defendant’s teamster, Fitzgerald, declaring that he ran over the plaintiff with a horse and wagon, on Center street, Portland, November 2, 1875, and thereby the leg of the plaintiff was bruised and broken, etc.
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On exceptions and motions from the superior court. Case by an infant three and a half years of age, by his father and next friend, for negligence of defendant’s teamster, Fitzgerald, declaring that he ran over the plaintiff with a horse and wagon, on Center street, Portland, November 2, 1875, and thereby the leg of the plaintiff was bruised and broken, etc. There was evidence tending to show that Center street was one of the most frequented streets in Portland; that its width was about forty-five feet, and that the plaintiff was run over or against and hurt as alleged. Two witnesses, Angus…
1Opinion of the CourtPeters, J.
This case is before us upon motions to set aside the verdict as against evidence and for newly discovered evidence, and upon exceptions to the rulings of the presiding judge.
The defendant contends that the judge at nisi prius should have ruled, as a matter of law, that it was negligence on the part of the parents of the plaintiff to permit their child three and a half years old to be unattended upon a public street. The judge allowed the jury to decide whether it was negligence or not. Our judgment is that it was not a question so free of doubt as to require the court to take it from the…
2Cases cited15 opinions
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- McGarry v. . LoomisNew York Court of Appeals · 1875
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3Cited by30 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Wing v. MorseSupreme Judicial Court of Maine · 1973
- Dyerson v. Union Pacific RailroadSupreme Court of Kansas · 1906
- Green v. Los Angeles Terminal Railway Co.California Supreme Court · 1904
- Olguin v. ThygesenNew Mexico Supreme Court · 1943
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