Mirick v. Suchy

Citations

• 74 Kan. 715
• 87 P. 1141

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Damages — Tort by a Minor — Liability of Parent — Demurrer to Petition. In an action against a father for damages resulting from the setting out of a fire by his minor sons it is not a sufficient allegation of the parent’s liability to allege that the sons, “while they were engaged in his [the father’s] business, and for his benefit and working for him, purposely, carelessly and negligently set out a fire.” It is necessary to allege, in substance, if done in the absence of the father and without his direction, that the setting out of the fire was a service being rendered for the father or resulting from an act done in such service; in other words, that the fire was set out or caused by an act within the scope of the employment.</p>