Ingram v. Southern Railway Co.
Supreme Court of North Carolina
Appeal from Long, J., at October Term, 1909, of Iredell. Tbe action was brought to recover for loss of services of plaintiff’s son for about two years preceding- his majority. . The son was injured by the negligence of defendant’s employees and had recovered damages for the .injury.
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Appeal from Long, J., at October Term, 1909, of Iredell. Tbe action was brought to recover for loss of services of plaintiff’s son for about two years preceding- his majority. . The son was injured by the negligence of defendant’s employees and had recovered damages for the .injury. These issues were submitted: 1. Was Grady Ingram injured by the negligence of the defendant, as alleged in the complaint? Answer: Yes. 2. Was said Grady Ingram guilty of contributory negligence, 'as alleged in the complaint? Answer: No. 3. What damage, if any, is plaintiff entitled to recover? An-' swer: No…
1Per curiam
We find no error in the rulings of the court below. There is ample evidence tending to prove an emancipation by the parent of the son. It is well settled that if a contract of employment is made by a minor and approved and confirmed by his father, and undei such contract the son is to receive the wages earned by him, the father, by approving and confirming the agreement, in effect emancipates his son, as to wages earned by him under the contract, which becomes the property of the son, and not the property of the father. Party v. American Ship Windlass Co., 19 R. I., 461.
If a minor son…
2Cases cited3 opinions
- Jenney v. AldenMassachusetts Supreme Judicial Court · 1815
- Armstrong v. McDonaldNew York Supreme Court · 1851
- Utter v. NelliganNew York Supreme Court · 1895
3Cited by4 opinions
- Smith v. SimpsonSupreme Court of North Carolina · 1963
- Lowrie v. . OxendineSupreme Court of North Carolina · 1910
- Jolley Ex Rel. Jolley v. Western Union Telegraph Co.Supreme Court of North Carolina · 1933
- Smith v. SimpsonSupreme Court of North Carolina · 1963