Legal Opinion

McManus v. Hinney

Wisconsin Supreme Court

Decided June 6, 1967PublishedCited by 13 opinions

1Opinion of the CourtCurrie, C. J.

The sole question to be decided on this appeal is whether the trial court’s finding that LaCaria did not stand in loco parentis to the two minor plaintiffs is against the great weight and clear preponderance of the evidence.

Before reviewing the evidence we deem it advisable to fix the legal signification of the term in loco parentis.

In 67 C. J. S., Parent & Child, p. 808, sec. 71, the term in loco parentis is defined as:

“. . . in the place of a parent; instead of a parent; charged, factitiously, with a parent’s rights, duties, and responsibilities; more specifically, the relationship which a…

2Cases cited9 opinions

  1. Niewiadomski v. United StatesCourt of Appeals for the Sixth Circuit · 1947
  2. Leyerly v. United StatesCourt of Appeals for the Tenth Circuit · 1947
  3. Miller v. United StatesCourt of Appeals for the Eighth Circuit · 1942
  4. Rutkowski v. WaskoAppellate Division of the Supreme Court of the State of New York · 1955
  5. Estate of LarsenWisconsin Supreme Court · 1959

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

3Cited by13 opinions

  1. Commonwealth v. O'CONNORMassachusetts Supreme Judicial Court · 1990
  2. Mid-American Lines, Inc. v. Industrial CommissionIllinois Supreme Court · 1980
  3. Niesen v. NiesenWisconsin Supreme Court · 1968
  4. Weinand v. WeinandNebraska Supreme Court · 2000
  5. In Re Appeal of FowlerSupreme Court of Vermont · 1972

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

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