TORTS-RIGHT OF UNEMANCIPATED MINOR TO RECOVER PROM PARENT FOR INTENTIONAL TORT

Authors

William O. Allen S.Ed., University of Michigan Law SchoolFollow

Abstract

Plaintiff, a child four years of age, was present when her mother was murdered by her father, defendant's intestate. After keeping plaintiff with the corpse for six days, the father drove plaintiff to his home, where he committed suicide in plaintiff's presence. Plaintiff brought an action against the father's estate for shock, mental anguish, and resulting physical injuries, caused by the father's atrocious acts. The trial court sustained defendant's demurrer on the. ground that a minor has no right of action in tort against its parent. On appeal, held, reversed. A minor may maintain an action against its parent for wilful, wanton and malicious acts. Mahnke v. Moore, (Md. App. 1951) 77 A. (2d) 923.

Recommended Citation

William O. Allen S.Ed., TORTS-RIGHT OF UNEMANCIPATED MINOR TO RECOVER PROM PARENT FOR INTENTIONAL TORT, 50 Mich. L. Rev. 168 (1951).
Available at: https://repository.law.umich.edu/mlr/vol50/iss1/19