 | Great Britain. Court of King's Bench - 1842 - 812 páginas
...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 amusing himself...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... | |
 | Nicholas Hill, New York (State). Supreme Court - 1845 - 726 páginas
...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... | |
 | Charles Manley Smith - 1852 - 638 páginas
...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,... | |
 | Conway Robinson - 1855 - 884 páginas
...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.... | |
 | Alexander Ralston Tiffany - 1859 - 656 páginas
...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 amusing himself...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... | |
 | Sir William Thomas Charley - 1867 - 256 páginas
...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... | |
 | 1888 - 564 páginas
...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.... | |
 | 1899 - 710 páginas
...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 amusing himself...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... | |
 | Austin Abbott - 1874 - 630 páginas
...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 fast. Birge v. Gardiner, 19 Conn., 506, was decided by... | |
 | Oliver Lorenzo Barbour - 1876 - 720 páginas
...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... | |
| |
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... 
