G., H. & H. R'y Co. v. Moore

Citations

• 59 Tex. 64
• 1883 Tex. LEXIS 105

Syllabus

<p>1. Negligence.— In an action by a child six years old against a railway company for personal injuries inflicted in the street of a city by the running of its cars, .the negligence of the parent in sending the child unattended on an errand which required it to cross the railway track cannot be imputed to the child or affect its right to recover for injury sustained. It will only be chargeable with such discretion in realizing and avoiding danger as a child would exercise.</p> <p>2. Cases approved.— Government Street R. R. v. Hanlon, 53 Ala., 82; Boland and Wife v. Missouri R. R. Co., 36 Mo., 491, and Bellefontaine & I. R. R. Co. v. Snyder, 18 Ohio St., 400, approved.</p> <p>3. .Negligence.— The duty to do no act which will inflict injury on a child rests upon all persons and corporations as well as upon the parent, and the fact that the negligence of some third person contributed to an injury wrought on the child can afford no excuse for the wrongdoer.</p>