Dix ex rel. Younger v. Martin
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Hon. John M. Williams, Judge. (1) The trial court proceeded throughout on the theory that defendant did not stand in loco parentis to the plaintiff. This was an error and instruction Nos. “a” and 1 should not have been given at the request of the plaintiff. A person assuming the parental character and discharging parental duties is a person in loco parentis. 19 Am. & Eng. Ency.
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Appeal from Cooper Circuit Court. — Hon. John M. Williams, Judge. (1) The trial court proceeded throughout on the theory that defendant did not stand in loco parentis to the plaintiff. This was an error and instruction Nos. “a” and 1 should not have been given at the request of the plaintiff. A person assuming the parental character and discharging parental duties is a person in loco parentis. 19 Am. & Eng. Ency. Law (2 Ed.), p. 518. (2) A stepfather who tabes the children of his wife by a former marriage into his family and holds them out to the world as members of his family stands in loco…
1Opinion of the CourtJohnson, J.
Plaintiff, a minor, sued by her next friend to recover actual and punitive damages for an assault alleged to have been made upon her by defendant on August 12, 1911. Defendant admits having whipped the child on that date and endeavors to justify the act on the ground of parental right. Verdict and judgment were for plaintiff for eight hundred dollars actual, and two hundred dollars punitive, damages and after unsuccessfully moving for a new trial and in arrest of judgment, defendant appealed.
Deprived by death of both parents plaintiff, who was seven or eight years old, and her younger sister…
2Cases cited6 opinions
- Weir v. MarleySupreme Court of Missouri · 1889
- St. Ferdinand Loretto Academy v. BobbSupreme Court of Missouri · 1873
- Eickhoff v. Sedalia, Warsaw & Southwestern Railway Co.Missouri Court of Appeals · 1904
- In re ClementsSupreme Court of Missouri · 1883
- State v. KoonseMissouri Court of Appeals · 1907
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3Cited by24 opinions
- Emery v. EmeryCalifornia Supreme Court · 1955
- Dunlap v. DunlapSupreme Court of New Hampshire · 1930
- Krauthoff v. KrauthoffMissouri Court of Appeals · 1915
- Luster v. LusterMassachusetts Supreme Judicial Court · 1938
- Leyerly v. United StatesCourt of Appeals for the Tenth Circuit · 1947
19 more not listed; retrieve them via the Exa API.