Eustice v. Plymouth Coal Co.

Citations

• 120 Pa. 299
• 13 A. 975
• 1888 Pa. LEXIS 485

Syllabus

<p>1. The common-law rule that the father is entitled to the custody and control of his minor children, is modified by § 3, act of May 4, 1855, P. L. 480, providing in substance that, when the father shall neglect or refuse to provide for his child or children, the mother shall have the rights and bo subject to the duties reciprocally due between the father and children, provided that she shall afford them a good example, etc.</p> <p>2. The language of said section, in the cases to which it applies, gives no power to the mother to place her children at employment and receive their wages, unless she is a woman who affords them a good example and is of suitable character to be intrusted with their charge.</p> <p>3. In an action by the mother claiming to recover a minor son’s wages, under the provisions of said section, while the law presumes her character to be good in advance of proof to the contrary, yet evidence is admissible without being specially pleaded to show that she is of unchaste character, when she can no longer stand upon the presumption.</p>