 | Great Britain. Court of King's Bench - 1842 - 812 pages
...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,...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 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... | |
 | Theodore Sedgwick - 1852 - 722 pages
...in preparing to remove, hut not the profits which ho might have mad« In business on the premises. merely indulged the natural instinct of a child, in...carelessness of his servant having tempted the child, he ought not to reproach the child with yielding to the temptation. He has been the real and only cause... | |
 | Charles Manley Smith - 1852 - 638 pages
...Laugher 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...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 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.... | |
 | Joseph Kinnicut Angell, Thomas Durfee - 1857 - 484 pages
...person in the plaintiff's situation. Supposing, he proceeds to say, the plaintiff to have been in fault, "but to this extent, that he merely indulged the natural...carelessness of his servant having tempted the child, he ought not to reproach the child with yielding to that temptation. He has been the real cause of... | |
 | Theodore Sedgwick - 1858 - 778 pages
...that supposing that fact ascertained by the jury, but to this extent, that ho merely indulged [ 81 ] the natural instinct of a child, in amusing himself...carelessness of his servant having tempted the child, he ought not to reproach the child with yielding to the temptation. He has been the real and only cause... | |
 | Alexander Ralston Tiffany - 1859 - 656 pages
...authorities, maintain his action, having been at least equally in fault. The reason is that, supposing that fact ascertained by the jury, but to this extent,...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... | |
 | 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.... | |
 | 1899 - 710 pages
...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,...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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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... 
