Harlan National Bank v. Gross

CLAY, Commissioner.

This suit was brought by appellant, the administrator of a deceased infant’s estate against the child’s father to recover damages for wrongful death allegedly caused by the father’s negligence in an automobile accident. The trial court rendered judgment on the pleadings for the father on the ground that an action in tort on behalf of an unemancipated infant against its parent will not lie.

The basic issue in this controversy was decided in Harralson v. Thomas, Ky., 269 S.W.2d 276, wherein we held a suit of this nature could not be maintained by the administrator of an…