WARREN v. LONG

No. 356.

141 S.E.2d 9 (1965)

264 N.C. 137

Peggy Joyce WARREN, by her Next Friend, Samuel McD. Tate, v. Rose S. LONG.

Supreme Court of North Carolina.

March 24, 1965.


Attorney(s) appearing for the Case

John H. McMurray, Morganton, for plaintiff appellant.

Patton, Ervin & Starnes, by Sam J. Ervin, III, Morganton, for defendant appellee.


HIGGINS, Justice.

At the outset the Court is faced with the question whether the defendant's further defense, supported as it is by the pleadings and all the evidence, presents a bar to this action. This Court has held in many well considered opinions that an unemancipated child who is a dependent member of the household cannot maintain an action in tort against the head of the household. "The common law does not recognize the right of an unemancipated minor child...

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