Atchison, Topeka & Santa Fe Railway Co. v. Calhoun
Supreme Court of Oklahoma
Error from the District Court of Oklahoma County; before B. F. Burwell, Trial Judge. STATEMENT OE FACTS. This action was brought by Samuel Calhoun, an infant between two and three years old, by Anna Calhoun, his mother and next friend, to recover damages for personal injuries alleged to have been sustained by reason of the negligence of the defendant railway company.
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Error from the District Court of Oklahoma County; before B. F. Burwell, Trial Judge. STATEMENT OE FACTS. This action was brought by Samuel Calhoun, an infant between two and three years old, by Anna Calhoun, his mother and next friend, to recover damages for personal injuries alleged to have been sustained by reason of the negligence of the defendant railway company. The material" averments in the petition were, substantially, that the plaintiff was a minor, of the age of three 3^ears. That on August 24, 1903, Anna Calhoun, the mother of Samuel Calhoun, purchased a ticket from the defendant…
1Opinion of the Court
Opinion of the court by
Hainer, J.:
The first question presented is whether in a suit by an infant of the age of three years, by its next friend, and in its own right, for personal injuries, negligence of a parent or some third person can be imputed to the child, and thereby defeat a recovery. The authorities upon this question are not entirely harmonious, but by the great preponderance of the adjudged cases it is held that the negligence of a parent, guardian, or custodian is not imputable to the child, on the ground that it is not, and cannot be responsible for the danger to which it is…
2Cases cited11 opinions
- Insurance Co. v. TweedSupreme Court of the United States · 1869
- Hartfield v. RoperNew York Supreme Court · 1839
- Robinson v. ConeSupreme Court of Vermont · 1850
- Missouri Pacific Railway Co. v. ColumbiaSupreme Court of Kansas · 1902
- Godfrey v. ValentineSupreme Court of Minnesota · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Graham v. KeuchelSupreme Court of Oklahoma · 1993
- Lone Star Gas Co. v. ParsonsSupreme Court of Oklahoma · 1932
- Lakeview, Inc. v. DavidsonSupreme Court of Oklahoma · 1933
- Pere Marquette Railroad v. StrangeIndiana Supreme Court · 1908
- Gregg v. King CountyWashington Supreme Court · 1914
12 more not listed; retrieve them via the Exa API.