Home > Journals > Michigan Law Review > MLR > Volume 32 > Issue 6 (1934)
TORTS - LIABILITY OF PARENT FOR ACTS OF INFANT
Abstract
Plaintiff, nursemaid, engaged to look after defendant's young daughter, was bitten by the child. She sued the father for her in jury under Article 2318 of the Louisiana Civil Code. In the district court an exception of no cause of action (the equivalent of a general demurrer) was sustained. The exception was based mainly on the grounds that there was no allegation that the father could have prevented the tort; that there was no allegation that the child had previously exhibited a vicious temper, or that defendant had knowledge of such vicious temper; and that the nursemaid had assumed such risk. On appeal it was held that under the Louisiana Civil Code plaintiff had a cause of action. Johnson v. Butterworth, (La. 1934) 152 So. 166.
Recommended Citation
TORTS - LIABILITY OF PARENT FOR ACTS OF INFANT,
32
Mich. L. Rev.
872
(1934).
Available at:
https://repository.law.umich.edu/mlr/vol32/iss6/15