Pierce v. Millay

Citations

• 62 Ill. 133

Syllabus

<p>1. Parent and child. In an action of trespass to recover for personal injuries to a child, the alleged trespass being the placing of the child, by the defendant, in a buggy and driving off with her, when the horse took fright- and ran away, throwing out the child and causing the injury complained of, the defendant set up the permission of the mother to take the child : Held, the plea, which merely alleged the permission of the mother, without averring any authority or circumstance implying an authority on the part of the mother to give such permission, was defective, as the mother, as such, is entitled to no disposing power over the person of the child, the father being the person entitled by law to the custody of his child.</p> <p>2. Instruction. Where the court, in modifying an instruction asked by the defendant, merely employed the language of the defendant used in another of his instructions, it was held, although the instruction as thus given was erroneous, the defendant could not be allowed to complain.</p>