Paul v. Hummel
Supreme Court of Missouri
Error to St. Louis Circuit Court. ./'’^Plaintiff sued defendant for damages, in the sum- of two thousand dollars, for injury to her minor son, aged six years, received at the hands of a minor son of defendant, aged eleven years, who was residing with, and under the charge and control of, his father, the said defendant.
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Error to St. Louis Circuit Court. ./'’^Plaintiff sued defendant for damages, in the sum- of two thousand dollars, for injury to her minor son, aged six years, received at the hands of a minor son of defendant, aged eleven years, who was residing with, and under the charge and control of, his father, the said defendant. In the petition plaintiff stated in substance, among other matters, that said son of defendant became and was dangerous to plaintiff and her children, by reason of his vicious and destructive temper and of his sudden and causeless fits of anger, and that plaintiff notified said…
1Opinion of the Court
Wagner,, Judge,
delivered the opinion of the court.
/In Baker v. Haldeman, 24 Mo. 219, it was decided by this court that a father was not responsible for injuries caused by an assault made by his minor child. But an attempt is made to evade that decision, or at least to exclude this case Horn its reasoning, by averring in the petition that the child of the defendant, who caused the injury, was dangerous to the plaintiff and her children, by reason of his vicious and destructive temper and of his sudden and causeless fits of anger, and that defendant had notice of that fact. It is not averred…
2Cases cited4 opinions
- Bullock v. BabcockNew York Supreme Court · 1829
- Tifft v. TifftNew York Supreme Court · 1847
- Baker v. HaldemanSupreme Court of Missouri · 1857
- Executors of Loop v. Adminstratrix of LoopSupreme Court of Vermont · 1828
3Cited by14 opinions
- Hays v. HoganSupreme Court of Missouri · 1917
- McNeal v. McKainSupreme Court of Oklahoma · 1912
- Garratt v. DaileyWashington Supreme Court · 1955
- POPPLE BY POPPLE v. RoseNebraska Supreme Court · 1998
- Hudson v. Von HammCalifornia Court of Appeal · 1927
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