128 Iowa 479 | Iowa | 1905
A car was loaded on defendant’s line of railway at Iroquois, S. D., in February, 1903. Household furniture and farm machinery were placed in one end on a platform about twenty inches high, and forty pigs put in under it. ■ At the other end six horses were hitched crossways, boxed piano, with bed springs above, in front of them. Two colts were loose in the space between the doors, but with the pigs, could run in where the horses were. It was billed via Hawarden to Des Moines over defendant’s road, and from there to Chariton over the C. B. & Q. line, the contract being signed by the shipper as “ P. R. & J. IT. Bristor.” The plaintiff was given transportation in consjd
That a father is entitled to the sendees of his children during minority is not questioned, nor can his right to relinquish his claim to such services and allow the minor to earn money for himself and receive and appropriate his own earnings at his pleasure. In other words the father'
To emancipate is to release; to set free. It need not be evidenced by any formal or required act. It may be proven by direct proof or by circumstances. To free a child for all the period of minority, fronj. care, custody, control, and service, would be a general emancipation; but to free him from only a part of the period of minority, or from only a part of the parent’s rights, would be limited. The parent, having the several rights of care, - custody, control, and service during minority, may surely release from either without waiving his right to the other, or for a part of the time without waiving as to the whole. A father frees his son from services. That does not waive the right to care, custody, and control, so far as the same can be exercised consistently with the right waived.
The mere fact that the son continued to make his home with the father, and continued to assist him somewhat about his farm work, is not controlling. This merely strengthened the presumption that his services belonged to his father, which obtains as to all minors. Notwithstanding this, how-ever, proof was admissible to show that all claim to- his earnings and property acquired therewith had been relinquished by the father. “ The emancipation from the father’s control may be as perfect when both parties live together under the same roof as if they were separated. The father’s renunciation of all legal right to the son’s labor is not less absolute
Other questions are argued, but as we are not' aided by a brief in behalf of the appellee we deem it advisable to defer their .consideration. — Reversed.