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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