Waite v North-Eastern Railway Co
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High Quality Content by WIKIPEDIA articles! Waite v North-Eastern Railway Co (1858) EB&E 719 is an old English tort law case concerning negligence and contributory negligence in the pre-Donoghue v. Stevenson and pre-Law Reform (Contributory Negligence) Act 1945 era. It was heard initially in the Exchequer Chamber. An action was brought on behalf of an infant by his next friend. The infant, which was five years of age, was with its grandmother, who took a half-ticket for the child and a ticket for herself to travel by the defendants' line; as they were crossing the railway to be ready for the t...
High Quality Content by WIKIPEDIA articles! Waite v North-Eastern Railway Co (1858) EB&E 719 is an old English tort law case concerning negligence and contributory negligence in the pre-Donoghue v. Stevenson and pre-Law Reform (Contributory Negligence) Act 1945 era. It was heard initially in the Exchequer Chamber. An action was brought on behalf of an infant by his next friend. The infant, which was five years of age, was with its grandmother, who took a half-ticket for the child and a ticket for herself to travel by the defendants' line; as they were crossing the railway to be ready for the train the child was injured by a passing train.The jury found that the defendants were guilty of negligence, and that the grandmother was guilty of negligence which contributed to the accident, while there was no negligence of the infant plaintiff. A verdict was entered for the plaintiff, but in the Queen's Bench the verdict was entered for the defendants, without calling on them to argue, onthe ground that the infant was identified with its grandmother.
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