Bispham v. Mahoney

Layton, C. J.,

delivering the opinion of the Court:

The defendant contends that the statute is in derogation of the common law, and must be strictly construed; and that so construed, no liability can attach to a mother signing an application for an operator’s license to a minor under 18 years, if the father is living and has custody of the minor.

The statute in question imposes a liability for negligence where no liability existed at common law, and, undoubtedly, is in derogation thereof, but the result contended for by the defendant does not necessarily follow. For, even under the rule of…