Adams v. Swift

<p>Personal Injuries — Parent and Child — Negligence — A ction — Law and Fact — Evidence — Question for Jury.</p> <p>A-woman and her daughter were invited to join a party upon an excursion, and tlie former accepted the invitation on condition that she might pay one half the cost of the carriage, and made such payment. The party, consisting of four persons, occupied a two-seated carriage drawn by two spirited horses. The daughter, who was nineteen years old and of slight build, and had had very little experience in driving, was allowed to drive the horses. In returning from the excursion the carriage formed part of a long procession of carriages, and upon reaching a level stretch after coming down an incline in the road, the pole of the carriage entered the back of a carriage in front of it and injured a person therein. A by-stander, who knew the mother and daughter, called out to them, “ What are you trying to do 1 ” The daughter replied, “ Well, I can’t hold them,” and the mother said, “ She’s all right.” Subsequently the mother tried to conceal from the injured person the identity of the occupants of the carriage. Held, in an action against the mother and daughter for the injury, that the question of the mother’s liability was rightly submitted to the jury; and that the evidence of the admissions was also for the jury.</p>