Carney v. Concord Street Railway
Supreme Court of New Hampshire
Case, for negligence causing the death of the plaintiff’s intestate, David S. Carney. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1902, of the superior court by Wallace, C. J. The plaintiff’s testimony tended to prove the following facts: The intestate was the plaintiff’s son, twenty-one months old, thirty-one inches tall, intelligent, and physically strong. He could walk quite well for a child of that age.
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Case, for negligence causing the death of the plaintiff’s intestate, David S. Carney. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1902, of the superior court by Wallace, C. J. The plaintiff’s testimony tended to prove the following facts: The intestate was the plaintiff’s son, twenty-one months old, thirty-one inches tall, intelligent, and physically strong. He could walk quite well for a child of that age. On the day before the accident the plaintiff moved into a house situated on the northerly side of a street leading to Contoocook River Park in Concord.…
1Opinion of the CourtChase, J.
The intestate being so young as to be incapable of exercising care for his safety, and negligence (if any) of his parents-not being imputable to him, there is no question of contributory negligence in the ease. Bisaillon v. Blood, 64 N. H. 565; Warren v. Railway, 70 N. H. 352.
The exceptions to the denial of the defendants’ motions for a nonsuit -and for the direction of a verdict in their favor present tlie same question, namely: whether in the whole case there is any substantial evidence tending to prove the affirmative of the issues made by the pleadings. Burnham v. Railroad, 69 N. H. 280,…
2Cases cited8 opinions
- Rider v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1902
- Lewis v. . Long Island Railroad Co.New York Court of Appeals · 1900
- Pickett v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
- Stabenau v. . Atlantic Ave. R.R. Co.New York Court of Appeals · 1898
- Bittner v. Crosstown Street Railway Co.New York Court of Appeals · 1897
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3Cited by29 opinions
- Siciliano v. Capitol City Shows, Inc.Supreme Court of New Hampshire · 1984
- Robertson v. HobsonWest Virginia Supreme Court · 1933
- Mitchell v. AkersCourt of Appeals of Texas · 1966
- Archie v. HamptonSupreme Court of New Hampshire · 1972
- Niemi v. Boston & Maine RailroadSupreme Court of New Hampshire · 1934
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