Brittingham v. . Stadiem
Supreme Court of North Carolina
Appeal by defendant from Moore, J., February Term, 1908, of Guilford. The plaintiff sued the defendant to recover damages for injuries received by him while on business in the store owned by the female defendant, B. Stadiem, from a pistol-sliot wound inflicted by tbe twelve-year-old son and an employee of tlie defendants, while carelessly handling the pistol.
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Appeal by defendant from Moore, J., February Term, 1908, of Guilford. The plaintiff sued the defendant to recover damages for injuries received by him while on business in the store owned by the female defendant, B. Stadiem, from a pistol-sliot wound inflicted by tbe twelve-year-old son and an employee of tlie defendants, while carelessly handling the pistol. The defendant denied all the allegations of the complaint, and the matters at issue were presented to the jury in two issues, to-wit: 1. “Was the plaintiff injured by the negligence of the defendant, as alleged?” 2. “What amount of…
1Opinion of the CourtManning, J.
If the feme defendant, Bettie Stadiem, is answerable to the plaintiff for the damages resulting from the tort alleged, then the defendant D. Stadiem, her husband, living with her at the time, is jointly liable. Revisal, sec. 2105; Roberts v. Lisenbee, 86 N. C., 136. The tortious act alleged having been committed by Moses Stadiem, the twelve-year-old son of the defendants, the first question presented is the liability of the defendants by virtue of this relationship. “Relationship does not alone make a father answerable for the wrongful acts of his minor child. There must be something besides…
2Cases cited10 opinions
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
- Mattson v. Minnesota & North Wisconsin RailroadSupreme Court of Minnesota · 1905
- Ross v. Cotton Mills.Supreme Court of North Carolina · 1905
- McGhee v. Norfolk & Southern Railway Co.Supreme Court of North Carolina · 1908
- Chastain v. JohnsSupreme Court of Georgia · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Moore v. CrumptonSupreme Court of North Carolina · 1982
- Wegner v. Delly-Land Delicatessen, Inc.Supreme Court of North Carolina · 1967
- Thompson v. LassiterSupreme Court of North Carolina · 1957
- Witsell v. . R. R.Supreme Court of North Carolina · 1897
- Barnett v. MillsSupreme Court of North Carolina · 1914
33 more not listed; retrieve them via the Exa API.