Cox v. Shaw

This appeal presents two questions: (1) May the administrator of a mother sue the estate of her unemancipated minor son for damages for her wrongful death caused by the son’s negligence? (2) If not, may the wife-mother’s administrator maintain the action against the surviving husband-father, under the principle of respondeat superior, for son’s negligence?

At common law an unemancipated minor child may not maintain an action against his parent to recover damages for negligence. Redding v. Redding, 235 N.C. 638, 70 S.E. 2d 676; Small v. Morrison, 185 N.C. 577, 118 S.E. 12, 31 A.L.R. 1135.…