Legal Opinion

May v. Goulding

Michigan Supreme Court

Decided December 1, 1961No. Docket 35, Calendar 48,226PublishedCited by 28 opinions

1Opinion of the CourtBlack, J.

This case involves the common-law rule that a parent may be found guilty of actionable-negligence for having intrusted — or having made-accessible — a firearm or other deadly weapon to his-mentally deficient child. Restatement’s comment, on clause (c) of section-877 (4 Restatement of Torts, pp 442-444), portrays the general rule:

“d. A person who has voluntarily taken charge of an insane or otherwise dangerous person, a prison guard or officer having custody of or a duty to control a criminal or other person who he has reason to know will cause harm if he escapes, a parent having a minor child…

2Cases cited9 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. St. George v. StateAppellate Division of the Supreme Court of the State of New York · 1954
  3. Excelsior Ins. Co. of N.Y. v. State of New YorkNew York Court of Appeals · 1946
  4. Elbert v. City of SaginawMichigan Supreme Court · 1961
  5. Sun Oil Company v. SeamonMichigan Supreme Court · 1957

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

3Cited by28 opinions

  1. People v. FeezelMichigan Supreme Court · 2010
  2. Buczkowski v. McKayMichigan Supreme Court · 1992
  3. Phillips v. Mirac, IncMichigan Supreme Court · 2004
  4. Langen v. RushtonMichigan Court of Appeals · 1984
  5. American States Insurance v. AlbinMichigan Court of Appeals · 1982

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

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