Newman v. Phillipsburg Horse Car Railroad
Supreme Court of New Jersey
The plaintiff was a child two years of age; she was in the •custody of her sister, who was twenty-two; the former, being left by herself for a few minutes, got upon the railroad track •of the defendant, and was hurt by the car. The occurrence took place in a public street of the village of Phillipsburg.
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The plaintiff was a child two years of age; she was in the •custody of her sister, who was twenty-two; the former, being left by herself for a few minutes, got upon the railroad track •of the defendant, and was hurt by the car. The occurrence took place in a public street of the village of Phillipsburg. The carelessness of the defendant was manifest, as at the ■time of the accident there was no one in charge of the horse •drawing the car, the driver being in. the car collecting fares. The Circuit judge submitted the three following propositions •to this court for its advisory opinion, viz.:…
1Opinion of the Court
The opinion of- the court was delivered by
Beasley, Chief Justice.
There is but a single question presented by this case, and that question plainly stands ■among the vexed questions of the law.
The problem is, whether an infant of tender years can be -vicariously negligent, so as to deprive itself of a remedy that it would otherwise be entitled to. In some of the American ■ states this question has been answered by the courts in the ¡affirmative, and in others in the negative. To the former of these classes belongs the decision in Hatfield v. Rofer & Newell, reported in 21 Wend. 615. This case…
2Cases cited1 opinion
- Hartfield v. RoperNew York Supreme Court · 1839
3Cited by13 opinions
- MACCIA EX REL. MACCIA v. TynesNew Jersey Superior Court Appellate Division · 1956
- Jacksonville Electric Co. v. AdamsSupreme Court of Florida · 1905
- Atchison, Topeka & Santa Fe Railway Co. v. CalhounSupreme Court of Oklahoma · 1907
- Hellstern v. SmelowitzNew Jersey Superior Court Appellate Division · 1952
- Howe v. Central Vermont Railway Co.Supreme Court of Vermont · 1917
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