delivered the opinion of the court.
/In Baker v. Haldeman, 24 Mo. 219, it was decided by this court that a father was not responsible for injuries caused by an assault made by his minor child. But an attempt is made to evade that decision, or at least to exclude this case Horn its reasoning, by averring in the petition that the child of the defendant, who caused the injury, was dangerous to the plaintiff and her children, by reason of his vicious and destructive temper and of his sudden and causeless fits of anger, and that defendant had notice of that fact. It is not averred that defendant sanctioned the wrong committed by his minor son, either b*efore or after the act. But the petition was doubtless framed upon the theory that an instruction given in the trial court, in Baker’s case, was correct law, as that case was not reversed on error. The instruction was that, “unless the plaintiff has established that the boy was of vicious disposition and habits, and that the father knew it at the time, he is not responsible in damages for the injury sustained, and the jury will find for the defendant.” The verdict was for
I think the demurrer was rightfully sustained, and the judgment will be affirmed.