Hagerty v. Powers
California Supreme Court
Appeal from a judgment of the Superior Court of Sacramento County. Action to recover damages for personal injuries to plaintiff’s child. A demurrer to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action, was sustained, and the plaintiff declining to amend, judgment was entered in favor of the defendant. The further facts are sufficiently stated in the opinion of the court.
1Opinion of the CourtRoss, J.
The question in this case is, whether the defendant, who, according to the averments of the complaint, “ willfully, carelessly, and negligently suffered, permitted, countenanced, and allowed ” his son, of eleven years of age, to have in his possession a loaded pistol, which pistol the hoy afterwards so carelessly used and handled as to shoot the infant child of the plaintiff, is liable in damages therefor. We have been cited to no case, controlled by the principles of the common law, that holds that the action, under such circumstances, can be maintained. It seems that under the civil law it…
2Cited by22 opinions
- Kuhns v. BruggerSupreme Court of Pennsylvania · 1957
- Weber v. PinyanCalifornia Supreme Court · 1937
- Ellis v. D'AngeloCalifornia Court of Appeal · 1953
- McNeal v. McKainSupreme Court of Oklahoma · 1912
- Figone v. GuistiCalifornia Court of Appeal · 1919
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