Redding Ex Rel. Redding v. Redding

The common law does not recognize the right of an un-emancipated minor child, living in the household of its parents, to maintain an action in tort against its parents or either of them. The common law in this respect was enunciated and adhered to in Small v. Morrison, 185 N.C. 577, 118 S.E. 12, 31 A.L.R. 1135.

It is not contended by the appellant that there is any difference in the factual situation in the present appeal and that presented and adjudicated in Small v. Morrison, supra. It is contended, however, that the time has come when the harshness of the common law, as enunciated in that…