Legal Opinion

Winn v. Haliday

Mississippi Supreme Court

Decided March 15, 1915PublishedCited by 13 opinions

Appeal from the circuit court of Jones county. Hon. P. B. Johnson, Judge. Suit by T. E. Winn against Q-. H. Haliday. From a judgment for plaintiff, defendant appeals. Tbe facts are fully stated in tbe opinion of tbe court.

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Appeal from the circuit court of Jones county. Hon. P. B. Johnson, Judge. Suit by T. E. Winn against Q-. H. Haliday. From a judgment for plaintiff, defendant appeals. Tbe facts are fully stated in tbe opinion of tbe court. If we concede for tbe purpose of this argument that tbe automobile was negligently operated by tbe son as above set forth, is the father liable? If not, appellee’s ease fails, and there should be judgment for appellant here; we therefore discuss this question first. At the common law a father is not liable for the torts of a child under age; we believe the rule is different…

1Opinion of the CourtSmith, C. J.

This is an appeal from a judgment against appellant for damages to appellee’s horse and buggy alleged to have resulted from the horse becoming frightened at appellant’s automobile. The automobile was owned by appellant, and on the occasion in question was driven by William Winn, his seventeen year old son. William had been driving automobiles for certainly three, and probably four, years; and, when the automobile here in question was purchased by his father about a year before the- alleged injury to appellee’s horse and buggy, he was placed by his father in the exclusive control thereof, and…

2Cited by13 opinions

  1. Hays v. HoganSupreme Court of Missouri · 1917
  2. Woods v. ClementsMississippi Supreme Court · 1917
  3. Smith v. CallahanSupreme Court of Delaware · 1928
  4. Johnson v. SmithSupreme Court of Minnesota · 1919
  5. Pratt v. CloutierSupreme Judicial Court of Maine · 1920

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