Marmorstein v. Schuck

OPINION OF COURT.

The following is taken, verbatim, from the opinion.

VICKERY, J.

Whether the mother is the agent for the father, in the care and custody of the minor children, one might doubt, and the writer of this opinion doubts it very gravely, but it will not be necessary to decide the present case upon that question. It will be noted, from the 24th OS. supra, that two allegations were necessary; that the' child that was injured was in the custody of the agent of the father, and that the father’s agent was guilty of negligence. Now let us assume, for the sake of argument, that the custody…