Mirick v. Suchy
Supreme Court of Kansas
Errors from Rush district court; Charles E. Lob-dell, judge. STATEMENT. Each of the above cases was commenced in the district court of Rush county on petitions substantially the same, except as to the name of the plaintiff, the description and value of the property alleged to have been destroyed by the fire, and the amount of judgment prayed for.
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Errors from Rush district court; Charles E. Lob-dell, judge. STATEMENT. Each of the above cases was commenced in the district court of Rush county on petitions substantially the same, except as to the name of the plaintiff, the description and value of the property alleged to have been destroyed by the fire, and the amount of judgment prayed for. The common defendant filed a general demurrer to the petition in each action; the demurrers were sustained by the court, each plaintiff elected to stand on his petition, and judgment was rendered against him for costs. Each plaintiff brings his case…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
Do the facts as stated render the defendant, the father of the boys, liable for the damage resulting from the fire? The trial court correctly answered, “No.” It is conceded that the father is not *717liable for the tortious acts of his sons by reason simply of the relationship, nor by reason of their minority, nor because they lived at home with him and worked for him and were under his care, management and control.
It is contended, however, that the further allegation that the minor sons, “while engaged in repairing a fence on the farm owned by…
2Cases cited1 opinion
- Hudson v. M. K. & T. Railway Co.Supreme Court of Kansas · 1876
3Cited by16 opinions
- Birch v. AbercrombieWashington Supreme Court · 1913
- McNeal v. McKainSupreme Court of Oklahoma · 1912
- King v. SmytheTennessee Supreme Court · 1918
- Brittingham v. . StadiemSupreme Court of North Carolina · 1909
- Kemp v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1914
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