Opinion
Opinion filed November 1, 1938.
Contributory Negligence of Minor Bar to Recovery by Parent.
In action by parent to recover for expenses incurred and loss of services of his minor daughter resulting from injuries received in automobile accident, contributory negligence of daughter barred recovery by parent.
ACTION OF TORT to recover for expenses incurred and loss of services of plaintiff's minor daughter, who was struck, while walking across street, by automobile operated by one defendant and owned by the other. Plea, the general issue. Trial by jury at the September Term, 1936, Sherman, J., presiding. The action against the owner of the automobile was discontinued. Verdict for the plaintiff against the defendant operator. The defendant's motion to set aside the verdict on the ground that the evidence conclusively showed contributory negligence on the part of the daughter was granted, and judgment was entered for the defendant. Both parties excepted. The opinion states the case. See Farrell v. Greene et al., ante p. 87, for companion case.
J. Boone Wilson, Charles F. Black and Willsie E. Brisbin for the plaintiff.
Austin Edmunds for the defendants.
Present: MOULTON, C.J., SHERBURNE, BUTTLES, STURTEVANT and JEFFORDS, JJ.
In this action the plaintiff seeks to recover for the loss of the services of his minor daughter, Bernice Farrell, and for money expended for medical attendance upon her, due to injuries sustained by her being struck by an automobile driven by the defendant Greene. The trial court set aside the plaintiff's verdict and entered judgment for the defendant.
The material facts are the same as in Bernice Farrell v. Greene, ante p. 87, 2 A.2d 194, in which we held that the plaintiff therein was contributorily negligent, and not entitled to recover. Since the contributory negligence of Bernice is a bar to this action brought by her parent (Tidd v. Skinner, 225 N.Y. 422, 122 N.E. 247, 3 A.L.R. 1145, 1151; Wueppeshall v. Connecticut Co., 87 Conn. 710, 89 A. 166), the decision in that case is conclusive in this.
Judgment affirmed.