 | Great Britain. Court of King's Bench - Law reports, digests, etc - 1842 - 812 pages
...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... | |
 | Nicholas Hill, New York (State). Supreme Court - Law reports, digests, etc - 1845 - 726 pages
...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 - Labor laws and legislation - 1852 - 638 pages
...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,... | |
 | Conway Robinson - Actions and defenses - 1855 - 884 pages
...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.... | |
 | Alexander Ralston Tiffany - Justices of the peace - 1859 - 656 pages
...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... | |
 | Sir William Thomas Charley - Cab and omnibus service - 1867 - 256 pages
...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... | |
 | Law - 1888 - 564 pages
...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.... | |
 | Law - 1899 - 710 pages
...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... | |
 | Civil procedure - 1874 - 626 pages
...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... | |
 | Oliver Lorenzo Barbour - Law reports, digests, etc - 1876 - 720 pages
...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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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... 
