London Guarantee & Accident Co. v. Smith

Matson, Justice.

Appeal from a judgment awarding plaintiff-insurer $3,967.25 in an action for contribution.

Whether this suit for contribution lies against the defendant depends on the basic question whether a suit by an unemancipated minor against his stepfather for damages for tortious negligence is barred on the theory that the stepfather, under the circumstances here existing, stands in loco parentis to such minor.

This suit arises out of an automobile accident which occurred on April 22, 1918. Involved in the collision were two cars, one driven by John A. Owens and the other by Ethel M.…