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STRAHORN v. SEARS, ROEBUCK & CO.

123 A.2d 107 (1956)

Harry W. STRAHORN, Jr., infant, by his next friend, Harry W. Strahorn, and Harry W. Strahorn, Plaintiffs, v. SEARS, ROEBUCK & CO., a New York Corporation, Defendant.

Superior Court of Delaware, New Castle.

Supplemental Opinion May 9, 1956.

Attorney(s) appearing for the Case

Clement C. Wood, of Young & Wood, Wilmington, for plaintiffs.

S. Samuel Arsht, of Morris, Steel, Nichols & Arsht, Wilmington, for defendant.

LAYTON, Judge.

The question is one of first impression in this State. Elsewhere, the cases are in confusion due, at least in part, to the manifold complexities existing in the parent-child relationship. The majority rule is that an unemancipated minor cannot sue a parent in tort in a case of ordinary negligence. Note 19 A.L.R.2d 439; Wood v. Wood, 135 Conn. 280, 63 A.2d 586; Skillin v. Skillin, 130 Me. 223, 154 A. 570; Hewlett...

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