This is an action by a child of eight years of age to recover of the defendant, who is his aunt, damages for corporal punishment administered by her. That she moderately chastised the child was admitted by the defendant, and the jury found that it was not, in fact, excessive. It conclusively appeared that it was authorized by the plaintiff’s mother, and the only questions before us are whether the mother has such authority over her own child during the life of her husband, and while he is the head of the family, that she may delegate her power in the premise to another, and whether one acting under such delegated authority may legally inflict moderate punishment upon a minor child.
We first inquire whether either parent may legally authorize a third person to administer such chastisement to their child as they might themselves • lawfully inflict. It is the general rule that those braving the care, custody, and control of minor children may, for the purpose of' proper discipline and control, administer such moderate and reasonable chastisement as shall effect the desired object, and this rule has been applied generally to all those occupying a position in loco parentis. The law continually looks to the future of the child, as well as to its present condition; and it is its policy, in dealing with the
The mother, under section 3192 of the Code, is“ equally entitled to” the “care and custody” of the children. This must necessarily mean that she is also equally entitled to control and discipline them. Being given this power, it ■must follow that, if the father may authorize another to punish his child, the mother may do so.
The instructions of the trial court were in harmony with these views, and the judgment is affirmed.