Legal Opinion

McFarlane v. Winters

Utah Supreme Court

Decided February 11, 1916No. 2823PublishedCited by 40 opinions

Appeal from District Court, Seventh District; Hon. A. H. Christensen, Judge. Action by Parian MeFarlane against W. P. Winters and G-len Winters. Judgment for plaintiff. Defendants appeal. RESPONDENT’S POINTS.

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Appeal from District Court, Seventh District; Hon. A. H. Christensen, Judge. Action by Parian MeFarlane against W. P. Winters and G-len Winters. Judgment for plaintiff. Defendants appeal. RESPONDENT’S POINTS. The general rule at common law, that a parent is not liable for the independent, negligent or tortious act of his child, merely by reason of the relationship existing between them, is applicable in actions for negligence against a parent to recover for injuries resulting from the operation of the parent’s automobile by his child. (Parker v. Wilson, 179 Ala. 361; 43, L. R. A. (N. S.) 87;…

1Opinion of the CourtFeick, J.

The plaintiff sued the defendants to recover damages for alleged injuries to himself and to his horse and buggy. He alleged that the injuries were caused through the negligence of the defendant Glen Winters in negligently driving and managing the defendant W. P. Winters’ automobile, and thereby causing a collision with plaintiff’s horse and buggy while he was lawfully driving along on a public highway in Sanpete County, Utah. Glen Winters, who is represented by a guardian ad litem, was at the time of the accident a minor eighteen years of age, and is the son of W. P. Winters, who is a •…

2Cases cited17 opinions

  1. Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
  2. Birch v. AbercrombieWashington Supreme Court · 1913
  3. Daily v. MaxwellMissouri Court of Appeals · 1911
  4. McNeal v. McKainSupreme Court of Oklahoma · 1912
  5. Lotz v. HanlonSupreme Court of Pennsylvania · 1907

12 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Stumpf v. MontgomerySupreme Court of Oklahoma · 1924
  2. Rollins v. PetersenUtah Supreme Court · 1991
  3. Hays v. HoganSupreme Court of Missouri · 1917
  4. Arkin v. PageIllinois Supreme Court · 1919
  5. Fox v. LavenderUtah Supreme Court · 1936

35 more not listed; retrieve them via the Exa API.

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