121/3 Minor v. Sharon, 112 Mass. 477, 487.
122 ([return])
122/1 See Winsmore v. Greenbank, Willes, 577, 583; Rex v. Oneby, 2 Strange, 766, 773; Lampleigh v. Brathwait, Hobart, 105, 107; Wigram, Disc., pl. 249; Evans on Pleading, 49, 138, 139, 143 et seq.; Id., Miller's ed., pp. 147, 149.
123 ([return])
123/1 See Detroit & Milwaukee R. R. Co. v. Van Steinburg, 17 Mich. 99, 120.
123/2 In the small-pox case, Minor v. Sharon, 112 Mass. 477, while the court ruled with regard to the defendant's conduct as has been mentioned, it held that whether the plaintiff was guilty of contributory negligence in not having vaccinated his children was "a question of fact, and was properly left to the jury." p. 488.
124 ([return])