Atkins v. Sherbino
Supreme Court of Vermont
Assumpsit. Heard on a referee’s report, March Term, 1885, Washington County, Powers, J., presiding. Judgment pro forma for the plaintiff. The action was brought to recover the wages for the work of the plaintiff’s minor son. In the fall of 1881, the plaintiff had some trouble with his said son, Watson Atkins, then about fifteen years old, and during the altercation told the son that “ he had better take his clothes and start.”
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Assumpsit. Heard on a referee’s report, March Term, 1885, Washington County, Powers, J., presiding. Judgment pro forma for the plaintiff. The action was brought to recover the wages for the work of the plaintiff’s minor son. In the fall of 1881, the plaintiff had some trouble with his said son, Watson Atkins, then about fifteen years old, and during the altercation told the son that “ he had better take his clothes and start.” Thereupon said Watson took his clothes, left his father’s home, with his knowledge, and went to one of the neighbors. The plaintiff agreed to be responsible for the…
1Opinion of the Court
The opinion of the court was delivered by
Ybazey, J.
In pronouncing the judgment of the court in Whiting v. Earle, 3 Pick. 201, Parker, Ch. J., said: “ We go so far as to say, that where a minor son makes a contract for his services on his own account, and the father knows of it and makes no objection, there is an implied assent that the son shall have his earnings.” . We think this proposition is sound and merits emphatic approval. It is simple justice, without danger of working injustice. It does not interfere with the right of the father, or in case of his death, the mother, to the earnings…
2Cited by2 opinions
- Lottinville v. DwyerSupreme Court of Rhode Island · 1942
- Schoonover v. SparrowSupreme Court of Minnesota · 1888