Minkin v. Minkin

Opinion by

Mr. Justice Linn,

The appellant, an eight year old minor, suing by his next friend, brought this action against his mother to recover for the death of his father, alleged to have resulted from her negligent driving of an automobile. Judgment for the defendant was entered on a statutory demurrer, the learned court below being of opinion (1) that public policy prohibited suit by the minor against his mother and, (2) that the statutes (April 15, 1851, P. L. 669, 12 PS section 1601, and April 26, 1855, P. L. 309, as amended, 12 PS section 1602) gave no right of action to children when…