Wilson v. Garrard

Citations

• 59 Ill. 51

Syllabus

<p>1. Parent and child—whether former liable for torts of the latter. A father is not liable for the torts of his children, committed without his knowledge or consent, and not in the course of his employ.</p> <p>3. Infants are liable for torts and wrongs committed by them, the same as adults.</p> <p>3. Right of way over the land of another. In an action for the trespasses of the defendant’s children in passing over the land of the plaintiff,' in going to and returning from school, it appeared the school house was built by and for the public, on a small lot forming a part of the tract owned by the plaintiff. The children could not conveniently, and without traveling a very considerable distance, approach the school house without passing over the plaintiff’s land: Held, until a highway to the school house was provided, the children, they residing in the district, had the right, necessarity, to travel over the land of the plaintiff in going to and returning home from school.</p> <p>4. License to pass over the land of another. And if there were a highway, it appearing, from the evidence, that the defendant’s children were permitted by the plaintiff to pass over his land for four or five years, without objection, the jury had the right to infer therefrom a license, which could not be revoked without notice. ■ •</p>