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LEVESQUE v. LEVESQUE

No. 4309.

99 N.H. 147 (1954)

DONALD LEVESQUE, by his mother and next friend & a. v. LAURENT LEVESQUE.

Supreme Court of New Hampshire.

Decided July 1, 1954.

Attorney(s) appearing for the Case

Leonard G. Velishka and Robert H. Temple (Mr. Temple orally), for the plaintiffs.

Paul E. Nourie and Bartram C. Branch (Mr. Nourie orally), for the defendant.

LAMPRON, J.

The main issue to be decided is whether an unemancipated minor child can maintain an action against his parent for bodily injury caused by negligence.

The weight of authority in this country is that such an action cannot be maintained. See note, 19 A. L. R. (2d) 423, 439. The origin of this doctrine is ascribed to the case of Hewlett v. Ragsdale, 68 Miss. 703, which gives as its basis (p. 711) the following: "So long as the...

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