Huchting v. Engel
Wisconsin Supreme Court
ERROR to the Circuit Court for Dane County. Huchting brought an action before a justice of the peace ■ against Moirlz Hngel, for breaking and entering the plaintiff’s premises, and breaking down and destroying his shrubbery and flowers therein standing and growing. The answer, after a general denial, stated that if the defendant ever committed the alleged trespass, “ he did so through the want of judgment and discretion, being an infant of about six years of age.”
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ERROR to the Circuit Court for Dane County. Huchting brought an action before a justice of the peace ■ against Moirlz Hngel, for breaking and entering the plaintiff’s premises, and breaking down and destroying his shrubbery and flowers therein standing and growing. The answer, after a general denial, stated that if the defendant ever committed the alleged trespass, “ he did so through the want of judgment and discretion, being an infant of about six years of age.” On the trial before the justice, the plaintiff proved the alleged trespass and damages; and on the part of the defense it was…
1Opinion of the Court
By the Court,
Dixosr, C. J.
“Infants are liable in in actions arising ex delicto, whether founded on positive wrongs, as trespass or assault, or constructive torts or frauds.” 2 Kent’s Com., 241.
“ Where the minor has committed a tort with force, he is liable at any age; for in case of civil injuries with force, the intention is not regarded; for in such a case a lunatic is as liable to compensate in damages as a man in his right mind. Eeeve’s Dom. Eel., 258.
“ The privilege of infancy is purely protective, and infants are liable to actions for wrong done by them; as to an action for slander, an…
2Cases cited4 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Bullock v. BabcockNew York Supreme Court · 1829
- Campbell v. StakesCourt for the Trial of Impeachments and Correction of Errors · 1828
- Neal v. GillettSupreme Court of Connecticut · 1855
3Cited by13 opinions
- Williams v. . HaysNew York Court of Appeals · 1894
- Texas Land & Cattle Co. v. Carroll & IlerTexas Supreme Court · 1885
- McGuire v. AlmyMassachusetts Supreme Judicial Court · 1937
- Briese v. MaechtleWisconsin Supreme Court · 1911
- Stephens v. StephensCourt of Appeals of Kentucky · 1916
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