Grant v. City of Fitchburg
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate of Harry L. Grant, for causing his death. Trial in the Superior Court, before Braley, J., who directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
In this case we have no occasion to consider whether there was evidence of negligence on the part of the defendant, for we are of opinion that there was no evidence that the plaintiff’s intestate was in the exercise of due care. He was a child twenty months old, and was incapable of exercising care for himself. It was the duty, therefore, of his mother, in whose custody he was, to care for him, and, if his death is imputable to her negligence, the plaintiff cannot recover.
He was last seen by her before his death at the open gateway *17of the dooryard, at the boundary of the public street; he had…
2Cases cited3 opinions
- Gibbons v. WilliamsMassachusetts Supreme Judicial Court · 1883
- Slattery v. O'ConnellMassachusetts Supreme Judicial Court · 1891
- Creed v. KendallMassachusetts Supreme Judicial Court · 1892
3Cited by15 opinions
- Bamberger v. Citizens' Street Railway Co.Tennessee Supreme Court · 1895
- Gunn v. Ohio River R.West Virginia Supreme Court · 1896
- Macdonald v. O'ReillyOregon Supreme Court · 1904
- Sullivan v. ChadwickMassachusetts Supreme Judicial Court · 1920
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
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