Pitkin v. Munsell

Decided May 6, 1916

Supreme Court of Vermont · decided 1916-05-06

Case against a boy thirteen years of age for with a bicycle negligently running down and injuring the plaintiff’s daughter, who was about twelve years of age, while she was walking on the sidewalk. Plea, the general issue. Trial hy jury at the December Term, 1914, Windsor County. Verdict and judgment for the plaintiff. At the time of rendition of judgment plaintiff moved for a close jail certificate. Motion denied, to which the plaintiff excepted.

Cited by 3 later decisions — most recently May 1936

3 state decisions

Relies on In re Wheelock

Good law ✅— No negative treatment on recordhow we know

Decided 1916-05-06

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Watson, J.

¶1The plaintiff moved for a close jail certificate. At the time of rendering judgment on the verdict, the court found that the defendant, at the time of the injury complained of, was a boy thirteen years of age, "too young to fully comprehend, in the judgment of the court, the consequences of his act;” that his riding on the sidewalk, and his act or neglect which caused the injury, "was (were) wilful, but the injury was accidental and without malice. ’ ’ The court did not adjudge in connection therewith "that the defendant ought to be confined in close jail,” without which no certificate could be granted. P. S. 2106; In re Wheelock, 13 Vt. 375.

¶2Judgment affirmed.