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

VOL. IV.]         BOSTON, APRIL, 1870.              [No. 3.
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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