Mulligan v. Curtis
Massachusetts Supreme Judicial Court
Tort brought by the plaintiff, who was a minor; by his father, as next friend, against the defendant for the alleged carelessness of the defendant’s agent, in so negligently driving a horse attached to a milk cart, through Beach Street, in Boston, that the plaintiff was run over, and seriously injured.
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Tort brought by the plaintiff, who was a minor; by his father, as next friend, against the defendant for the alleged carelessness of the defendant’s agent, in so negligently driving a horse attached to a milk cart, through Beach Street, in Boston, that the plaintiff was run over, and seriously injured. At the trial in the superior court, before Morton, J., the plaintiff offered evidence tending to show that the plaintiff was at the time of the injury aged three and a half years; that his mother sent him with his brother, aged nine years, a short distance from his home to a wood-yard for some…
1Opinion of the CourtHoar, J.
We understand from the bill of exceptions, that a verdict was ordered in favor of the defendant at the trial, on the ground that the evidence did not show that due care was exercised at the time of the accident, either by the infant plaintiff or by those who had the legal responsibility for his safety. But upon a careful consideration of the evidence reported, we are of opinion that this was a question for the jury, and that the evidence should have been submitted to them with proper instructions.
The plaintiff was but three and a half years old, and therefore hardly old enough to be trusted…
2Cited by14 opinions
- Collins v. South Boston RailroadMassachusetts Supreme Judicial Court · 1886
- Lynch v. SmithMassachusetts Supreme Judicial Court · 1870
- O'Brien v. McGlinchySupreme Judicial Court of Maine · 1878
- Buch v. Amory Manufacturing Co.Supreme Court of New Hampshire · 1897
- Battishill v. HumphreysMichigan Supreme Court · 1887
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