INFANTS - LIABILITY FOR NEGLIGENCE BETWEEN INFANTS IN SAME FAMILY

Authors

Henry L. Pitts, University of Michigan Law SchoolFollow

Abstract

In an action by the special administrator of the estate of a six-year old minor under a wrongful death statute, the jury found that the automobile collision, in which the deceased child lost his life, was proximately caused by the negligence of decedent's unemancipated seventeen-year-old brother. Since any recovery would go to decedent's parents, the lower court dismissed the complaint. On appeal, held, reversed and remanded with directions to enter judgment in favor of decedent's mother. The upper court ruled that the death statute authorized such a suit by a parent, because it allowed the parent to sue where the deceased, had he lived, would have had an action against the wrongdoer. Munsert v. Farmers Mut. Auto Ins. Co., (Wis. 1938) 281 N. W. 671.

Recommended Citation

Henry L. Pitts, INFANTS - LIABILITY FOR NEGLIGENCE BETWEEN INFANTS IN SAME FAMILY, 37 Mich. L. Rev. 658 (1939).
Available at: https://repository.law.umich.edu/mlr/vol37/iss4/19