The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 8
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873 edition. Excerpt: ...his two boys, when the injury occurred. The boys lived away from home, as the wife of plaintiff was dead. Defendant requested the court to charge that the right of plaintifi to recover was barred by Gen. Stats, ch. 93, 3, prohibiting travel on Sunday. The court refused so to charge, but ruled that the statute was no defense. Verdict for plaintifi. Defendant excepted. Benton fi Cross, H. O. Wilson, and Powers, for defendants, cited Hinokley v. Penobsoot, 42 Me. 89; Bryant v. Biddeford, 39 McClary v. Lowell. id. 193; Jones v. Andover, 10 Allen, 18; Lyon v. Strong, 6 Vt. 219; 1 Hilliard on Torts, 161, 162; Bosworth v. Szvansey, 10 Metc. 363; Cratty v. Bangor, 57 Me. 423. WHEELEB, J. Parents are under moral obligations to attend to the welfare of their children at all times during childhood and youth. These obligations cannot be fully satisfied without personal association and acquaintance when reasonably practicable. They are morally bound to improve all fit opportunities for the discharge of these duties. Both the constitutional and the statutory provisions relating to the observance of the Sabbath, in the laws of this State, were provided for the encouragement of the observance of moral duties on that day, in preference to attention to secular matters. All these provisions were doubtless intended to be harmonious. Section 2 of chapter 93 of the General Statutes, which relates to this subject, permits attendance upon public assemblies held on the Sabbath for the purpose of moral instruction. The necessity provided for in the exceptions to the prohibitions of sections 1 and 3 of the same chapter, is a moral and not a physical necessity. An act which, under the circumstances, is morally fit and proper to be done on the Sabbath is not...
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