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Ingram v. Southern Railway Co.

Giles Ingram v. Southern Railway Company.

Ingram v. Southern Ry. Co., 67 S.E. 926 (N.C. 1910)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
April 20, 1910
Judges
PER CURIAM.
Citations
67 S.E. 926152 N.C. 7621910 N.C. LEXIS 371
Headnotes
Parent and Child — Employer and Employee — Damages—Loss of Services — Emancipation of Son. A father cannot recover in his action for the loss of services of his minor son, caused by the negligence of his employer, when it appears that he approved and confirmed the contract of employment whereby the son was to receive the wages earned by him, such being an act of emancipation by the father of his son in respect to the employment. In this case the son had recovered damages for the injury complained of.
Summary
Appeal from Long, J., at October Term, 1909, of Iredell. Tbe action was brought to recover for loss of services of plaintiff’s son for about two years preceding- his majority. . The son was injured by the negligence of defendant’s employees and had recovered damages for the .injury. These issues were submitted: 1. Was Grady Ingram injured by the negligence of the defendant, as alleged in the complaint? Answer: Yes. 2. Was said Grady Ingram guilty of contributory negligence, 'as alleged in the complaint? Answer: No. 3. What damage, if any, is plaintiff entitled to recover? An-' swer: No damage. From the judgment rendered plaintiff appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Per Curiam

Per Curiam.

We find no error in the rulings of the court below. There is ample evidence tending to prove an emancipation by the parent of the son. It is well settled that if a contract of employment is made by a minor and approved and confirmed by his father, and undei such contract the son is to receive the wages earned by him, the father, by approving and confirming the agreement, in effect emancipates his son, as to wages earned by him under the contract, which becomes the property of the son, and not the property of the father.

Party v. American Ship Windlass Co., 19 R. I., 461.

If a minor son contracts on his own account for his services with the knowledge of his father, who makes no objection thereto, there is an implied emancipation and an assent that the son shall be entitled to the earnings in his own right.

Burdsall v. Waggoner, 4 Col., 261 ;

Armstrong v. McDonald, 10 Barb., 300 ;

Jenny v. Alden, 12 Mass., 375 ;

Campbell v. Campbell, 11 N. J. Equity, 268;

Taylor v. Welch, 36 N. Y. Supp., 592 .

No error.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1910: 11933: 11963: 119102026peak 1910 · 1

Relies on it most ⓘ

  1. Smith v. Simpson133 S.E.2d 474 (N.C. 1963)
  2. Jolley ex rel. Jolley v. Western Union Telegraph Co.167 S.E. 575 (N.C. 1933)
  3. Lowrie v. Oxendine69 S.E. 131 (N.C. 1910)

Most recent

  1. Smith v. Simpson133 S.E.2d 474 (N.C. 1963)
  2. Jolley ex rel. Jolley v. Western Union Telegraph Co.167 S.E. 575 (N.C. 1933)
  3. Lowrie v. Oxendine69 S.E. 131 (N.C. 1910)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Jenney v. Alden, 12 Mass. 375 (1815) 20
Armstrong v. McDonald, 10 Barb. 300 (N.Y. Sup. Ct. 1851) 9
Utter v. Nelligan, 36 N.Y.S. 591 (N.Y. Sup. Ct. 1895) 2

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