Cowgill, Adm'r v. Boock, Adm'r

The rule that an unemancipated minor child may not maintain an action for a personal tort against his parent has, since it was first announced in 1891 by the Mississippi Court in Hewellett v. George, 68 Miss. 703, 9 So. 885, 13 L. R. A. 682, received the judicial approval of nearly every court which has had occasion to pass on the question. As the opinion of the majority discloses, however, this rule has been vigorously attacked by dissenting judges and legal scholars as unreasonable, unjust and inconsistent. And some courts have refused to apply it to cases where, under the particular…