Henderson v. Henderson

The principal problem presented in the instant application involves the question of the parent’s immunity to civil suit brought by his three-year-old minor son to recover damages for injuries sustained as a result of the father’s willful and wanton tortious acts while driving an automobile in which the infant was a passenger.

Defendant moves under subdivision 2 of rule 107 of the Rules of Civil Practice to dismiss the complaint upon the ground that the plaintiffs, infant son and wife of the defendant, do not have the legal capacity to sue herein or, in the alternative, to dismiss the second…