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4 Am. L. Rev 405 (1869)
Contributory Negligence on the Part of an Infant

handle is hein.journals/amlr4 and id is 417 raw text is: THE AMERICAN LAW REVIEW. VOL. IV.] BOSTON, APRIL, 1870. [No. 3. CONTRIBUTORY NEGLIGENCE ON THE PART OF AN INFANT. WHETHER negligence on the part of a parent or guardian of anl infant, in permitting the child to be exposed to an injury, will be a bar to an action brought by the infant for the injury against a third person who has caused it by his negligence, is a question which has recently attracted much attention in the courts of sev- eral of the States. That such negligence is a defence to the action, has been held by the Supreme Court of New York, in the case of Hartfield v. Roper, 21 Wend. 615, and in many subsequent cases. The same doctrine has been held in Massachusetts in several cases ; among others, in the cases of Wright v. Malden 4f M11elrose R. R. Co., 4 All. 283, and Callahan v. Bean, 9 All. 401. In Wri4ght v. Malden 4- Melrose R. R. Co.,.the matter is stated as follows: In this Commonwealth and in New York, it has been held, that in the case of a young child, the negligence of a parent, -or other person to whose care the child is inirusted, has. the same effect in preventing the maintenance of an action for an injury occasioned by the negligence of another, that his own want of due care would have if the plaintiff were an adult. The application is made to the particular facts of the case as follows : We think the fact that a child of two years old is passingunattended across a public street in a city, traversed by a horse-railroad, is in and of itself necessarily prinmafacie evidence of neglect in those who have it in charge. It is a fact open to explanation, and not conclusive. VOL. IV. 27

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