Edwards v. Crume
Supreme Court of Kansas
Error from, Cherokee District Court. Edwards sued Crume to recover damages sustained by means of certain alleged wrongful acts of a minor son of defendant.
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Error from, Cherokee District Court. Edwards sued Crume to recover damages sustained by means of certain alleged wrongful acts of a minor son of defendant. The petition was as follows: [ Caption, cmd Title.] “ The said Moses M. Edwards, plaintiff, complains of the said James Crume, defendant, and shows to the court, and avers that on thñ-30th of October 1872 he was the owner of 1,000 fruit trees'-b'erng and growing upon land owned and occupied by plaintiff in the county of Cherokee, and 500 rails laid up in a fence on his said farm in said county, and three-quarters óf A'mile of osage-orange…
1Opinion of the Court
The opinion of the court wás delivered by
Valentine, J.:
The main question in this case is, whether a father is liable in a civil action for damages for the wrongful acts of his minor son where the son lives with the father and is under his control, but where the acts complained of were not authorized by the father, were not done in his presence, had no connection with the father’s business, were not ratified by him, and from which the father received no benefit. We must answer this question in the negative. The father in such a case is not liable. (Baker v. Holdeman, 24 Mo., 219; Tefft v.…
2Cases cited2 opinions
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- Baker v. HaldemanSupreme Court of Missouri · 1857
3Cited by7 opinions
- Parker v. WilsonSupreme Court of Alabama · 1912
- Capps v. CarpenterSupreme Court of Kansas · 1930
- Stephens v. StephensCourt of Appeals of Kentucky · 1916
- Sharpe v. WilliamsSupreme Court of Kansas · 1889
- Baker v. MorrisSupreme Court of Kansas · 1885
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