37 Del. 285 | Del. Super. Ct. | 1936
delivering the opinion of the Court:
The defendant contends that the statute is in derogation of the common law, and must be strictly construed; and that so construed, no liability can attach to a mother signing an application for an operator’s license to a minor under 18 years, if the father is living and has custody of the minor.
The statute in question imposes a liability for negligence where no liability existed at common law, and, undoubtedly, is in derogation thereof, but the result contended for by the defendant does not necessarily follow. For, even under the rule of strict construction applicable to such statutes, the construction must not be so strict as to lessen the scope plainly intended to be given the statute, or to defeat the obvious intention of the legislature as found in the language actually used, according to its true and obvious meaning. 59 C. J. 1126.
The legislative intention as disclosed by the language of the statute is not to impose liability by reason of parenthood, of itself. Custody of the minor is the foundation of liability. The legislative purpose was to protect the
Viewing the statute from this aspect, it is sufficiently clear that the rule of strict construction as contended for by the defendant is not applicable. Such construction would narrow the scope of the statute, would defeat the plain legislative intent, and would lead to the unreasonable conclusion that the courts would be powerless to circumvent fraud.
In the instant case the mother is not a mere volun
The demurrer to the fourth plea is sustained.