Dion v. Richmond Mfg. Co.

52 A. 889, 24 R.I. 187, 1902 R.I. LEXIS 42

Opinion

Per Curiam.

The court is of opinion that this case falls within the principle laid down by this court in Eagan v. Maguire, 21 R. I. 189; Baldwin v. Barney, 12 R. I. 392; and Blair v. Granger, 24 R. I. 17.

This is not a case to enforce an illegal contract, as was Birkett v. Chatterton, 13 R. I. 299, but. an action to recover for the defendant’s negligence, which is a question independent of the violation of the statute.

It would be a startling doctrine to say that a defendant could set up his own violation of a statute, intended to protect children of tender years, as a defence to his own negligence in the service rendered by them.

The demurrer is overruled.

James M. Qillrain, for plaintiff. Walter B. Vincent, for defendants.