Legal Opinion

Stewart v. Swartz

Indiana Court of Appeals

Decided November 20, 1914No. 8,441PublishedCited by 21 opinions

Prom Clinton Circuit Court; Joseph Combs, Judge. Action by Clifford Swartz against Seymour E. Stewart. Prom a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtIbach, P. J.

This was an action to recover damages for a personal injury which appellee sustained by running into a rope which the minor children of appellant had stretched over what was alleged to be a public highway. Appellee recovered $600. The only error assigned is the overruling of appellant’s motion for a new trial.

1. Appellant first contends that a father is not liable for the torts of his minor child unless at the time of the commission of the tort, the child is the agent or servant of the father and engaged in doing the father’s business, and that the evidence does not show any such liability.…

2Cases cited18 opinions

  1. City of Delphi v. LoweryIndiana Supreme Court · 1881
  2. Doran v. ThomsenSupreme Court of New Jersey · 1908
  3. Shellhouse v. StateIndiana Supreme Court · 1887
  4. Knoefel v. AtkinsIndiana Court of Appeals · 1907
  5. Strong v. MakeeverIndiana Supreme Court · 1885

13 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Wickey v. SparksIndiana Court of Appeals · 1994
  2. Sports, Inc. v. GilbertIndiana Court of Appeals · 1982
  3. Hulsey v. HightowerCourt of Appeals of Georgia · 1931
  4. Breese v. StateIndiana Court of Appeals · 1983
  5. Discher v. KlappIndiana Court of Appeals · 1954

16 more not listed; retrieve them via the Exa API.

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