Eisen v. Halloran

Citations

• 35 Ohio C.C. Dec. 158
• 25 Ohio C.C. (n.s.) 29

Syllabus

<p>INFANTS — NEGLIGENCE</p> <p>Responsibility of Mother for Negligence of Those in Whose Custody Child Had Been Placed.</p> <p>In an action by a mother for damages on account of the death of her four year old child, for which she sues as administratrix, it is error to refuse to give a special charge, requested by the defendant before argument, to the effect that the said mother was responsible for the act of those in whose custody she had placed the child, and if it appear from the evidence that they failed to exercise ordinary care for the safety of the child under the circumstances, damages can not be recovered by the mother for her own benefit; but such an error is not prejudicial when the same principle of law was incorporated in the general charge and the evidence fails to show any negligence on the part of the mother or those in whose custody she had left the child.</p>