Leslie v. Proctor & Gamble Manufacturing Co.

Citations

• 102 Kan. 159
• 169 P. 193
• 1917 Kan. LEXIS 241

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Minor Son — Personal Injuries — Compromise and -Settlement — Authority of Parent — Judgment by Consent. Where a minor has sustained personal injuries, which his father and the wrongdoer settled for an inadequate sum, such minor on attaining his majority may bring an action against the wrongdoer for his injuries, notwithstanding the settlement negotiated by his father.</p> <p>2. Same. An inadequate settlement by a father for his minor son’s injuries does not bar an action by the son on attaining his majority, although the father and the wrongdoer had, by agreement, filed an action in a city court (like that of a justice of the peace) for the agreed sum, and judgment had been taken thereon against the wrongdoer without evidence, without judicial consideration, and with only a perfunctory entry of the judgment by the city court for the agreed sum.</p> <p>3. Judgment in City Court — Extrinsic Fraud — Jurisdiction of District Court to Set Aside. In the circumstances narrated in paragraphs 1 and 2 of the syllabus, it was unnecessary for the son to give any countenance to the judgment in the city court nor to appeal from .that judgment; he could properly proceed by an independent action in a court having general' jurisdiction, both at law and in equity, and have the judgment of the city court set aside as a pertinent incident to the securing of adequate redress for his injuries.</p> <p>4. Minor — Injuries — 'Settlement by Parent — Judgment by Consent— Rights of Minor Son on Attaining His Majority — Pleadings. On attaining his majority the plaintiff brought an action in the district court in which his petition, in substance, alleged that when he was seventeen years old he sustained an injury to his hand while in defendant’s employ and through the latter’s negligence; that his father without authority settled plaintiff’s claim for damages for $300 — a grossly inadequate sum; that an attorney employed by defendant filed an action against th