Eaton v. Hill
Supreme Court of New Hampshire
Case, by Eaton & Whittemore v. Charles E. Hill and Dana Cummings. The declaration and plea of Chas. E. Hill make part of the case, and to the plea the plamtiffs demurred generally. Declaration.
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Case, by Eaton & Whittemore v. Charles E. Hill and Dana Cummings. The declaration and plea of Chas. E. Hill make part of the case, and to the plea the plamtiffs demurred generally. Declaration. “ In a plea of the case for that the said defendants, on the twenty-fourth day of June, 1870, at Manchester aforesaid, in the county aforesaid,., hired of the said Eaton & Whittemore a certain horse and carriage, to l'ide from said Manchester to said Nashua, for a certain price; and the said Eaton & Whittemore delivered to the said defendants the said horse and carriage for that purpose. Yet the…
1Opinion of the Court
Bellows, O. J.
The substance of the declaration is, that the defendant having hired the plaintiffs’ horse for a short journey, drove him so carelessly and 'immoderately as to cause his death. No promise is alleged to drive him moderately and with due care, but the plaintiffs put their case upon the ground of a breach of duty by the defendant, and the doing of a tortious act; and the question is, whether a minor is liable in such case.
On this point the authorities are not altogether harmonious. In Fitts v. Hall, 9 N. H. 441, the cases were examined, and this principle deduced from them in the…
2Cases cited4 opinions
- Vasse v. SmithSupreme Court of the United States · 1810
- Campbell v. StakesCourt for the Trial of Impeachments and Correction of Errors · 1828
- Schauber v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1828
- Waterman v. HallSupreme Court of Vermont · 1844
3Cited by3 opinions
- Greensboro Morris Plan Co. v. PalmerSupreme Court of North Carolina · 1923
- Stack v. CavanaughSupreme Court of New Hampshire · 1891
- Stack v. CavanaughSupreme Court of New Hampshire · 1891