LONDON GUARANTEE & ACCIDENT CO. LTD. v. SMITH

No. 36,187.

242 Minn. 211 (1954)

LONDON GUARANTEE & ACCIDENT COMPANY, LTD., v. HARRY F. SMITH.

Supreme Court of Minnesota.

May 21, 1954.


Attorney(s) appearing for the Case

Mordaunt & Mordaunt, for appellant.

Freeman, Larson & Peterson and Thomas J. Burke, for respondent.


MATSON, JUSTICE.

Appeal from a judgment awarding plaintiff-insurer $3,967.25 in an action for contribution.

Whether this suit for contribution lies against the defendant depends on the basic question whether a suit by an unemancipated minor against his stepfather for damages for tortious negligence is barred on the theory that the stepfather, under the circumstances here existing, stands in loco parentis to such minor.

This suit arises out of...

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