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BORST v. BORST

No. 32167.

41 Wn.2d 642 (1952)

251 P.2d 149

BRUCE BORST, by his Guardian ad Litem, C.M. CLARK, Appellant, v. PAUL H. BORST et al., Respondents.

The Supreme Court of Washington, En Banc.

December 11, 1952.

Attorney(s) appearing for the Case

Ned W. Kimball, Tonkoff & Holst, and Blaine Hopp, Jr., for appellant.

Hughes & Jeffers, for respondents.

HAMLEY, J.

May an unemancipated minor recover damages from a parent for permanent injuries sustained by reason of the parent's negligence while operating a truck for business purposes?

The trial court answered "No," relying on Roller v. Roller, 37 Wn. 242, 79 Pac. 788, 107 Am. St. 805, 3 Ann. Cas. 1, 68 L.R.A. 893, and sustained a demurrer to the complaint. Plaintiff elected to stand on the complaint, a judgment of dismissal with prejudice was entered...

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