P. J. Hunycutt & Co. v. Thompson
Supreme Court of North Carolina
Appeal from Daniels.J., at September Term, 1911, of StaNLY. This action is to recover $40’ alleged to be due plaintiff for tbe burial expenses of tbe son of tbe defendant. Tbe son was a minor, and was living apart from tbe defendant at tbe time of his death, and was in tbe enjoyment of bis own earnings, but tbe plaintiff offered evidence tending to prove that tbe defendant wrongfully drove him from borne.
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Appeal from Daniels.J., at September Term, 1911, of StaNLY. This action is to recover $40’ alleged to be due plaintiff for tbe burial expenses of tbe son of tbe defendant. Tbe son was a minor, and was living apart from tbe defendant at tbe time of his death, and was in tbe enjoyment of bis own earnings, but tbe plaintiff offered evidence tending to prove that tbe defendant wrongfully drove him from borne. It was in tbe evidence that tbe son owned personal property of tbe value of $60 or $70, which was disposed of by bis relations, and there was no evidence that tbe defendant expressly…
1Opinion of the Court
Allen, J.,
after stating tbe case: It is conceded, on tbe one hand, that tbe defendant would have been liable for tbe burial expenses of bis son, a minor, incurred without bis express authority, if tbe son bad been living with tbe defendant at tbe time of bis death, and, on tbe other, that there is no liability if tbe son left the home of the father voluntarily and without fault on the part of the father. The point in debate, therefore, is whether the defendant can avoid liability when he has wrongfully driven his child from home.
The position taken by the defendant’s counsel is sound, that “If…
2Cited by12 opinions
- Gillikin v. BurbageSupreme Court of North Carolina · 1965
- Flippin v. JarrellSupreme Court of North Carolina · 1980
- White v. . Comrs. of JohnstonSupreme Court of North Carolina · 1940
- Lufkin v. HarveySupreme Court of Minnesota · 1915
- Diamond v. DiamondNew Mexico Supreme Court · 2012
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