If their negligence could imputed him would render him equally identified with his driver for, if has no remedy against his own driver, for they are just tortfeasors, with them responsible third parties thereby injured and would also preclude him from maintaining an action against the owner for injuries received reason It, but neither these conclusions can maintained, neither has the support any adjudged cases entitled The truth the decision In Thorogood Bryan, rests upon indefensible ground.
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The identification the passenger with the negligent driver or the owner without his personal co-operation or encouragement a gratuitous assumption.
There no such identity. The parties are not in the same position.
The owner a public conveyance a carrier and the driver or the person managing his servant. Neither them the servant the passenger and his asserted identity with them contradicted the daily experience the world. In this case the court say farther Those a hack not become responsible for the negligence the driver if they exercise no control over him further than indicate the route they wish travel or the places which they wish If Is their agent, that his negligence can imputed them prevent their recovery against a third party, must their agent in all other respects, far as the management the carriage concerned, and responsibility third parties would attach them for injuries caused bis negligence in the course his employment.
But as have already stated, responsibility cannot, within any recognized rules law, fastened upon one who has in no way interfered with and controlled in the matter causing the injury.
From the simple fact hiring the carriage or riding in no such liability can arise.
The party hiring or riding must in some way have co-operated in producing the injury complained before incurs any liability for If the law were otherwise, as said Mr. Justice Depue in his elaborate opinion in the latest case in New Jersey, not only the hirer the coach, but also all the passengers would under a constraint mount the box, and superintend the conduct the driver in the management and control bis team, or put for remedy exclusively an action against the irresponsible driver, research papers writing help or equally irresponsible owner a coach taken, may from a coach-stand, for the consequences an injury which was the product the co-operating wrongful acts the driver and a third person, and that, too, though the passengers were Ignorant the character the driver, and the responsibility the owner the team, and strangers the route over which they were carried. the defendant had been two years age was run over a sleigh while sitting unattended in the highway, before was perceived the driver.
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The court said The custody such child Is confided law its parents or others standing in their place, and absurd imagine that could exposed in the road as this child was without gross carelessness. It perfectly well settled that if a party injured a collision the highway has drawn the mischief upon himself his own neglect, not entitled an action, even though lawfully In the highway pursuing his travels, which can scarcely said a toppling infant suffered his guardians there, either as a traveler or for the purpose pursuing his sports. The applicatioii may harsh when made small ctiildren.
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As they are known have no personal discretion, common humanity alive their protection but they are not therefore exempt from the legal rule when they bring an action for redress and there no other way enforcing except requiring due best assignment writing service care at the hands those whom the law and the necessity the case have delegated the exercise discretion.
An infant not sui juris. He belongs another whom discretion in the care his person exclusively confided. That person keeper and agent for this purpose, and buy college papers online in respect third persons, his act must deemed that the infant, his neglect, the infant's neglect. If his proper agent and guardian has suffered him incur mischief, much more fit that should look for redress that guardian, than that the latter should negligently allow his ward in the way travelers, and then harass them in courts justice, recovering heavy verdicts for his own The leading case denying this doctrine Bobinson. In that case a boy three years and nine months old was run over a sleigh while sliding down in the highway lying upon bis Bedfleld, said And are satisfied that although online essay dissertation template helper a child or idiot or lunatic may some extent have escaped into the highway through the fault or negligence his keeper, and improperly there, yet if hurt the negligence the defendant, not precluded from his redress. If one know that such a person in the highway or a railway, bound a proportionate degree watchfulness, and what would, but ordinary neglect in regard one whom the defendant supposed a person full age, would gross neglect as a child or one known incapable escaping danger. In Keefe City Chicago, supra, was held that a child playing upon a sidewalk rolling his hoop and injured reason its defective condition, Is not, thereby, guilty contributory negligence. The court A sidewalk for the passage persons only, and have not had in contemplation any case otherwise. Whether passed over for business or for pleasure, or merely gratify idle curiosity, think the use Is lawful.