Stephens v. Stewart

Whitman, Judge.

1. At common law a parent incurred no liability for the tort of a child from the mere relation of parent and child. Liability could be based, however, on the ordinary principles of liability of a principal for the acts of his agent, or of a master for his servant. Therefore, the meaning of Code Ann. § 105-108 providing that “Every person shall be liable for torts committed by . . . his child, or his servant, by his command or in the prosecution and within the scope of his business, whether the same shall be by negligence or voluntary,” which is merely a codification of the…