Gibbons v. Williams
Massachusetts Supreme Judicial Court
Tout, for personal injuries occasioned to the plaintiff’s intestate, a child nineteen months old, by being run over by an ice-cart, driven by the defendant’s servant, in a public highway in Taunton.
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Tout, for personal injuries occasioned to the plaintiff’s intestate, a child nineteen months old, by being run over by an ice-cart, driven by the defendant’s servant, in a public highway in Taunton. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions in substance as follows: The plaintiff introduced evidence tending to show that his house was within thirty or forty feet of the highway, with no fence separating it therefrom; that the highway was about a mile from the Court House, was well built and considerably travelled; that it was about forty feet wide, without…
1Opinion of the CourtW. Allen, J.
The plaintiff’s intestate, an infant of the age of nineteen months, while she was unattended in the highway, was run over and injured by the defendant’s ice-cart, driven by his servant. The questions presented relate only to the contributory negligence, personal or imputed, of the injured child, and are confined to rulings and instructions of the court upon that subject.
The child was herself incapable of either negligence or care, and no act of her own could be proof of either. The care or negligence by which she could be affected must have been that of her mother, under whose protection and…
2Cases cited4 opinions
- 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
- McGarry v. . LoomisNew York Court of Appeals · 1875
- Lynch v. SmithMassachusetts Supreme Judicial Court · 1870
3Cited by22 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- United Railways & Electric Co. v. CarnealCourt of Appeals of Maryland · 1909
- Sullivan v. ChadwickMassachusetts Supreme Judicial Court · 1920
- Minsk v. PitaroMassachusetts Supreme Judicial Court · 1933
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
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