Legal Opinion

Baker v. Haldeman

Supreme Court of Missouri

Decided January 15, 1857PublishedCited by 11 opinions

Error to Dent Circuit Court. This was an action to recover damages for an alleged assault upon tbe minor son of plaintiff by tbe minor son of defendant. Tbe petition charges an assault with a knife, and a cutting, maiming and disabling therewith ; and a loss of service and an expenditure of large sums in the cure, &e.

Read the full summary

Error to Dent Circuit Court. This was an action to recover damages for an alleged assault upon tbe minor son of plaintiff by tbe minor son of defendant. Tbe petition charges an assault with a knife, and a cutting, maiming and disabling therewith ; and a loss of service and an expenditure of large sums in the cure, &e. The following instruction was given at the instance of defendant: “ Unless the plaintiff has established that the boy was of a vicious disposition and habits, and that the father knew it at the time, he is not responsible in damages for the injury sustained, and the jury will…

1Opinion of the CourtLeonakd, Judge

It seems to have been assumed in the trial of this cause that a father was responsible for the injury caused by the wilful wrong of his minor child; and the question discussed was whether this liability existed in all cases, or was confined to the case where the child was of a vicious disposition and the father was aware of it. The court decided, at the instance of the defendant, that he was liable only in the latter class of cases, and the jury accordingly found for the defendant.

An opinion, we believe, prevails to some extent in the community, that a father must answer for all the civil…

2Cases cited2 opinions

  1. Cleaveland v. MayoSupreme Court of Louisiana · 1841
  2. Ewing v. ThompsonSupreme Court of Missouri · 1850

3Cited by11 opinions

  1. Hays v. HoganSupreme Court of Missouri · 1917
  2. Parker v. WilsonSupreme Court of Alabama · 1912
  3. McNeal v. McKainSupreme Court of Oklahoma · 1912
  4. National Dairy Products Corporation v. FreschiMissouri Court of Appeals · 1965
  5. Paul v. HummelSupreme Court of Missouri · 1868

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API