Williams v. Williams

HERRMANN, Chief Justice:

In this automobile negligence case, the issue for decision is whether an unemanci-pated child may recover in an action against a parent for injuries caused by the parent’s negligent operation of the automobile. The question of parental immunity in tort raised here has not been heretofore decided by this Court.

The automobile was being operated by the mother; the three children and the father were passengers. The accident occurred in Maryland, but all parties were residents of Delaware. The father was appointed next friend for the children and filed suit on their behalf…