Crittenden v. Murphy

ZOOK, J.,

pro

tem.

Plaintiffs appeal from a judgment for defendants after demurrer sustained to their amended complaint. The action is one for damages for personal injuries suffered by Mrs. Crittenden as a result of her being struck by an automobile driven by Thomas C. Murphy, the minor son of defendants. The negligent driving of the automobile by the son, the happening of the accident, and the consequent injury to plaintiff are properly alleged in the complaint, and the sole question on this appeal is the sufficiency of the complaint to charge the parents with liability for the son’s tort. These allegations are in substance as follows: That defendants are the owners of the automobile in question; that the same was purchased for the pleasure, comfort, and enjoyment of defendants and their said minor son and not for business purposes; that the son was at all times authorized and permitted by defendants to drive the automobile for himself and for defendants, and that at and immediately prior to the time of the accident, the son was driving the automobile with the consent, knowledge, and permission of defendants, and was “acting in furtherance of, and not apart from, the service and control of these defendants, and within the purposes for which said automobile was purchased.”

The question whether or not, under the facts above set forth, the parents are to be held liable for the negligence of their minor son has never been decided in California, although there have been a number of decisions upon the subject in other jurisdictions. (See note to

Griffin

v.

Russell,

L. R. A.

[805]

1916F, 223.) It is conceded in all of the cases that, under our system of jurisprudence, the mere fact of parentage alone does not render a parent liable for the torts of his minor child, unauthorized and unratified by the parent, and that the liability, if any, must rest upon a showing of agency and the doctrine of