Miller v. Meche

Citations

• 111 La. 143
• 35 So. 491
• 1903 La. LEXIS 510

Syllabus

<p>PARENT AND CHILD—TORTS OF CHILD—LIABILITY OF FATHER.</p> <p>1. The father of a minor convicted of shooting with “intent to kill” may not be liable (despite the conviction), for the injurious act thereby committed by his minor son, in a civil suit, brought after conviction, to recover damages from him.</p> <p>2. While the father may be liable for the wrongful act of his minor son under article 2318 of the Civil Code, it must be shown, in order to render him liable, that the one who had a difficulty with the son was not himself at fault in the trouble wMch resulted injuriously to the claimant for damages.</p> <p>3. One who avoids the law, makes no complaint to the authorities, who is quick to meet a minor, and the first to resort to insulting words and then to blows, is not in a position to recover damages for injuries which were received in the struggle which ensued.</p> <p>(Syllabus by the Court.)</p>