Smith v. Jordan
Massachusetts Supreme Judicial Court
Two actions of tort, the first for personal injuries from being run into from behind by an automobile of the defendant operated by the defendant’s minor son, alleged to have been an agent of the defendant, while the plaintiff was driving in a carriage on Lexington Street in Waltham at about 5.15 p. m. on November 22, 1907, and the second by the mother of the plaintiff in the first case for injuries caused to the carriage by the collision.
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Two actions of tort, the first for personal injuries from being run into from behind by an automobile of the defendant operated by the defendant’s minor son, alleged to have been an agent of the defendant, while the plaintiff was driving in a carriage on Lexington Street in Waltham at about 5.15 p. m. on November 22, 1907, and the second by the mother of the plaintiff in the first case for injuries caused to the carriage by the collision. Writs dated February 25, 1908. In the Superior Court the cases were tried together before Fox, J. The facts which could have been found upon the evidence…
1Opinion of the CourtRugg, C. J.
The principles of law which govern this case are plain y A father is not liable for the torts of his minor son, simply because of paternity. There must exist an authority from the father to the son to do the tortious act or a subsequent ratifi*271cation and adoption of it, before responsibility attaches to the parent. This authority may be express or it may arise by implication from all the attendant circumstances. The wrongful act must be performed by the son in pursuance of the business, incident or undertaking authorized by the father before the latter can be held liable. Such authority may be…
2Cases cited2 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Hunt v. Rhodes Bros.Massachusetts Supreme Judicial Court · 1910
3Cited by60 opinions
- Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
- Van Blaricom v. . DodgsonNew York Court of Appeals · 1917
- Hays v. HoganSupreme Court of Missouri · 1917
- Parker v. WilsonSupreme Court of Alabama · 1912
- McNeal v. McKainSupreme Court of Oklahoma · 1912
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