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" But the question remains, can the plaintiff then, consistently with the authorities, maintain his action, having been at least equally in fault. The answer is that, supposing that fact ascertained by the jury, but to this extent, that he merely indulged... "
A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles ... - Sida 81
efter Theodore Sedgwick - 1852 - 650 sidor
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Reports of Cases Argued and Determined in the Court ..., Sida 40, Volym 4

Great Britain. Court of King's Bench - 1842 - 812 sidor
...fault : The answer is that, supposing that fact ascertained by the jury, but to this extent, that he merely indulged the natural instinct of a child in...permitted to avail himself of that fact. The most blameable carelessness of his servant having tempted the child, he ought not to reproach the child...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volym 6

Nicholas Hill, New York (State). Supreme Court - 1845 - 726 sidor
...mischief by his own act. The case goes upon the ground that the plaintiff " merely indulged the instincts of a child in amusing himself with the empty cart and deserted horse," to which he was templed by •• f 1 ii. most blaineable carelessness" on the part of the defendant's...
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A Treatise on the Law of Master and Servant: Including Therein Masters and ...

Charles Manley Smith - 1852 - 638 sidor
...v. Pointer. passer, and contributed to the mischief by his own act ; the jury having found that he merely indulged the natural instinct of a child in...amusing himself with the empty cart and deserted horse. The difficulty, however, which arises in cases of this sort is, not so much in ascertaining the law,...
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The Practice in Courts of Justice in England and the United States, Volym 2

Conway Robinson - 1855 - 884 sidor
...enquiries a case of gross negligence on the defendant's part to be fully established, then if the plaintiff merely indulged the natural instinct of a child in...amusing himself with the empty cart and deserted horse, the opinion of the court was that the defendant cannot be permitted to avail himself of that fact....
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A Treatise on the Powers and Duties of Justices of the Peace, in the State ...

Alexander Ralston Tiffany - 1859 - 656 sidor
...fault. The reason is that, supposing that fact ascertained by the jury, but to this extent, that he merely indulged the natural instinct of a child, in...permitted to avail himself of that fact. The most hlameable carelessness of his servant having tempted the child, he ought not to reproach the child...
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A Handy Book of the Law of London Cabs and Omnibuses

Sir William Thomas Charley - 1867 - 256 sidor
...himself with the empty vehicle and deserted horse. The most blameablc carelessness of the defendant's servant having tempted the child, he ought not to reproach the child with yielding to that temptation."i The child, in this case, was a trespasser, and was held, nevertheless, entitled...
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Albany Law Journal, Volym 36

1888 - 564 sidor
...again : " Supposing the fact to be ascertained that the plaintiff merely indulged the natural instincts of a child in amusing himself with the empty cart and deserted horse, though a trespasser, the defendant cannot be permitted to avail himself of that fact." In lllid9f v....
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The Law Magazine and Review: For Both Branches of the Legal Profession at ...

1899 - 710 sidor
...fault? The answer is, that supposing that fact ascertained by the jury, but to this extent, that he merely indulged the natural instinct of a child in...permitted to avail himself of that fact. The most blameable carelessness of his servant having tempted the child, he ought not to reproach the child...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volym 15

1874 - 626 sidor
...be required than was compatible with his age and capacity, and that if, in getting on the cart, he merely indulged the natural instinct of a child in amusing himself with the empty cart, the defendant could not avail himself of that fact. Birge v. Gardiner, 19 Conn., 506, was decided by...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour - 1876 - 720 sidor
...the court, says: "the plaintiff merely indulged the natural inMowrey v. Central City Railway. stinct of a child in amusing himself with the empty cart and deserted horse, and the defendant cannot be permitted to avail himself of that fact. The most blameable carelessness...
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