Paulin v. Howser

Citations

• 63 Ill. 312

Syllabus

<p>1. Instbuctions—must rest upon evidence. Instructions, based upon suppositious facts, not proven on the trial, tend to mislead the jury by inducing them to presume facts not shown.</p> <p>2. Tbespass by minobs—when parent not liable for. A father is not, nor can he be held responsible for the unauthorized trespass of his minor children. In that respect the child occupies the same relation to the father as does a servant.</p> <p>3. Same—compromise. An offer of the father to pay a sum by way of compromise to avoid a law suit, is not, unless accepted, a ratification of the son’s act.</p> <p>4. Same—admissions. It is an elementary principle of the law that a proposition made by one party to the other simply for the purpose of effecting a compromise, is not binding unless accepted, and can not be shown on trial as evidence of an admission of facts.</p>