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Infants - Liability For Negligence Between Infants In Same Family, Henry L. Pitts

Michigan Law Review

In an action by the special administrator of the estate of a six-year old minor under a wrongful death statute, the jury found that the automobile collision, in which the deceased child lost his life, was proximately caused by the negligence of decedent's unemancipated seventeen-year-old brother. Since any recovery would go to decedent's parents, the lower court dismissed the complaint. On appeal, held, reversed and remanded with directions to enter judgment in favor of decedent's mother. The upper court ruled that the death statute authorized such a suit by a parent, because it allowed the parent to sue where …