Evans Ex Rel. Laws v. Evans

PARKER, Judge.

Ever since the decision in Small v. Morrison, 185 N.C. 577, 118 S.E. 12, decided in 1923, it has been the rule in this jurisdiction that an unemancipated child, who is a member of his parents’ household, may not maintain an action based on ordinary negligence against his parents or either of them. Watson v. Nichols, 270 N.C. 733, 155 S.E. 2d 154; Warren v. Long, 264 N.C. 137, 141 S.E. 2d 9; Redding v. Redding, 235 N.C. 638, 70 S.E. 2d 676. The purpose of the rule is said to be to implement a public policy protecting family unity, do-, mestic serenity, and parental discipline.…