120 Ga. 977 | Ga. | 1904
According to the petition, Mark Chastain, the minor son of the defendant in the court below, did on a named day “maliciously and negligently shoot, injure and kill, with a rifle, gún, or other instrument of death, one horse, one hog, and other stock, cattle, and hogs of petitioner,” damaging her one thousand dollars. She alleged that the defendant, as the father and natural guardian of the youthful cause of the trouble, is “ liable for all loss and injury caused by all acts or torts committed by ” him. It was not alleged that the father participated in, connived at, or. had any knowledge of the tort, or received any benefits therefrom; nor was it charged that he was negligent in any manner whatever. The sole ground upon which it is sought to hold him liable is that he is the' father of the
This rule is now of general application throughout the United States. In 21 Am. & Eng. Enc. L. (2d ed.) 1057, it is said: “ The general rule is that a parent is not liable in damages for the torts of Ms minor child, even though the child lives with the parent and is under his control, when such' acts were done without his authority, knowledge, or consent, had no connection with Ms business, were not ratified by him, and were of no benefit to him; or, as it has been more briefly stated, a parent is never liable for the wrongful acts of Ms minor child, unless such acts were performed with the parent’s consent, or in connection with the parent’s business. Where, however, the tort complained of was committed while the child was engaged in the parent’s service, within the scope of his employment, or where the circumstances show that it was done with the parent’s knowledge and by his authority, or with his consent, he is liable.” See, in this'connection, Vaughan v. McDaniel, 73 Ga. 98, where the tortious act of the child was done in the performance of an act directed by the father, and it was held that the father was liable. See also Lockett v. Pittman, 72 Ga. 817, and the numerous cases cited in the note to 21 Am. & Eng. Enc. L. (2d ed.) 1057; Schoul. Dom. Rel. (5th ed.) § 263, and cases cited in note. Any other rule than the one here announced would work the greatest hardship and injustice; for it would impose upon the parent liability regardless of the question of negligence on Ms part, for acts of his child with the responsibility of which he could not, in reason and common sense, be justly charged. In the present case, the only ground of liability set out in the petition is “ that defendant is the father and the natural guardian of several minor sons, one of whom is named Mark Chastain, and as such is liable for all loss and injury caused by all acts or torts committed by them.” As will have been seen, we do not agree with the conclusions of
Judgment reversed.