imputed negligence

Whether a passenger or guest in a public or private conveyance, having no control over its movement, may be denied a right of recovery for personal injury or death on the ground of contributory negligence, depends upon his own failure to exercise a proper degree of care, and not upon that of the driver.

Negligence of another than the injured person contributing to the injury, and imputed to him by law. As a general rule, contributory negligence will be imputed to another than the negligent person, so as to bar an action by such other for injuries received by him (1) if the negligent person was under the direction and control of the injured person (38 Me. 443), or (2) where the injured person is not sui juris, and the negligent person is responsible for him as parent or guardian. 75 Pa. St. 257. IN (Law Fr. eins). A term used, from a very early period, to. express the nature of a title, or the mode of acquiring an estate, or the ground upon which a seisin U founded. Thus, in Littleton, a tenant is said to be "in by lease of his lessor" (eins per lease son lessor), that is, his title or estate is derived from the lease. Litt. § 82. So, parceners are said to be "in by divers descents." Id. § 313. So, the issue of a husband is said to be "in by descent" (eins per discent). Id. § 403. So, two sisters are said to be "in by divers titles," Id. i 662. So, in modern law, parties are constantly said in the books to be "in by descent," "in by purchase." A dowress is said to be "in, of the seisin of her husband." 4 Kent, Comm. 69. A devisor is said to be "in, of his old estate." 1 Powell, Devises (by Jarman) 621, note. So, a lessor. Shaw, C. J., 1 Mete. (Mass.) 120. "If he has a freehold, he is in as freeholder. If he has a chattel interest, he is in as a termor. If he has no title, he is in as a trespasser." Lord Mansfield, 1 Burrows, 114.

See Negligence. IN. A preposition which is used in real estate law to designate title, seisin, or possession, or when one Is said to be “in by lease of his lessor.” It may be as an abbreviation of invested or intitled, or of in possession.

Negligence which is not directly attributable to the person himself, but which is the negligence of a person who is in privity with him, and with whose fault he is chargeable. Smith v. Railroad Co., 4 Apr. Div. 493, 38 N. Y. Supp. 666.

Defined under Imputed in Black's Law Dictionary.