Legal Opinion
Levesque v. Levesque
Supreme Court of New Hampshire
Decided July 1, 1954No. 4309PublishedCited by 13 opinions
1Opinion of the CourtLampron, J.
The main issue to be decided is whether an unemancipated minor child can maintain an action against his parent for bodily injury caused by negligence.
The weight of authority in this country is that such an action cannot be maintained. See note, 19 A. L. R. (2d) 423, 439. The origin of this doctrine is ascribed to the case of Hewlett v. Ragsdale, 68 Miss, 703, which gives as its basis (p. 711) the following: “So long as the parent is under obligation to care for, guide and control, and the child is under reciprocal obligation to aid and comfort and obey, no such action as this can be…
2Cases cited8 opinions
- Cowgill, Adm'r v. Boock, Adm'rOregon Supreme Court · 1950
- Mahnke v. MooreCourt of Appeals of Maryland · 1972
- Lusk v. LuskWest Virginia Supreme Court · 1932
- Cannon v. CannonNew York Court of Appeals · 1942
- Elias v. CollinsMichigan Supreme Court · 1926
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Emery v. EmeryCalifornia Supreme Court · 1955
- France v. A. P. A. Transport Corp.Supreme Court of New Jersey · 1970
- Parks v. ParksSupreme Court of Pennsylvania · 1957
- HASTINGS BY HASTINGS v. HastingsSupreme Court of New Jersey · 1960
- Hartman v. Town of HooksettSupreme Court of New Hampshire · 1984
8 more not listed; retrieve them via the Exa API.