Whitaker v. Warren
Supreme Court of New Hampshire
Debt, upon the statute, for double damages for injuries to the plaintiff’s adopted minor child from the bite of the defendant’s dog. A second count declares upon the same injuries to the plaintiff’s servant. Subject to exception, the plaintiff amended his declaration by adding a count in case for the same injuries to the plaintiff’s adopted minor child. The child died from the effects of the biting about ten weeks after he was bitten.
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Debt, upon the statute, for double damages for injuries to the plaintiff’s adopted minor child from the bite of the defendant’s dog. A second count declares upon the same injuries to the plaintiff’s servant. Subject to exception, the plaintiff amended his declaration by adding a count in case for the same injuries to the plaintiff’s adopted minor child. The child died from the effects of the biting about ten weeks after he was bitten. It was given to the plaintiff by its parents when it was but a few months old, and had lived in the plaintiff’s family and been treated as his own child ever…
1Opinion of the CourtStanley, J.
The court were authorized to allow the amendment, to prevent injustice. Whether or not it was necessary for this purpose depended upon facts, the .existence of which must be established at the trial term, where the question of amendment is to be determined.
The defendant claims that the plaintiff cannot recover, because .neither the relation of parent and child, nor that of master and servant, existed between the plaintiff and the deceased; but the facts stated are evidence tending to show that the plaintiff stood in loco parentis to the child, and while this relation existed, the plaintiff…
2Cases cited4 opinions
- Williams v. . HutchinsonNew York Court of Appeals · 1850
- Woodward v. WashburnNew York Supreme Court · 1846
- Freto v. BrownMassachusetts Supreme Judicial Court · 1808
- Stephenson v. HallNew York Supreme Court · 1852
3Cited by9 opinions
- Siciliano v. Capitol City Shows, Inc.Supreme Court of New Hampshire · 1984
- In re NelsonSupreme Court of New Hampshire · 2003
- Bodwell v. BrooksSupreme Court of New Hampshire · 1996
- Quimby v. WoodburySupreme Court of New Hampshire · 1885
- Heath Ex Rel. Heath v. SeymourSupreme Court of New Hampshire · 1970
4 more not listed; retrieve them via the Exa API.