Dion v. Richmond Mfg. Co. ( 1902 )


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  • The court is of opinion that this case falls within the principle laid down by this court in Eagan v. Maguire,21 R.I. 189; Baldwin v. Barney, 12 R.I. 392; and Blair v.Granger, 24 R.I. 17.

    This is not a case to enforce an illegal contract, as wasBirkett v. Chatterton, 13 R.I. 299, but an action to recover for the defendant's negligence, which is a question independent of the violation of the statute.

    It would be a startling doctrine to say that a defendant could set up his own violation of a statute, intended to protect children of tender years, as a defence to his own negligence in the service rendered by them.

    The demurrer is overruled.

Document Info

Judges: Stiness, Tillinghast, Rogers

Filed Date: 5/15/1902

Precedential Status: Precedential

Modified Date: 11/14/2024