Dempsey v. Frazier

Citations

• 119 Miss. 1
• 80 So. 341

Syllabus

<p>1. Parent and Child. Torts of minor child.</p> <p>The general rule of the common law is that the parent of a minor child cannot be held liable for the tortious acts of the child on the mere ground of the parental relationship, but that the parent- is responsible only on the same ground that he is for the torts of other persons.</p> <p>2. Same.</p> <p>If the relationship of master and servant existed at the time of the tortious act of the child and the act was done in the course of this employment, then the parent would be held-liable because of the doctrine of respondeat superior.</p> <p>3. Master and Servant. Torts of minor child.</p> <p>Where a father bought an automobile and gave it to his minor son, who had been practically emancipated and whp operated the car for hire. In such case, where it did not appear that the son was a negligent driver, when the car was given to him, the father was not liable for the torts of the son in the operation of the car, since no relationship of master and servant existed between them.</p>