Cannon v. Cannon

CourtNew York Court of Appeals
Writing for the CourtLEWIS
Citation40 N.E.2d 236,287 N.Y. 425
PartiesCANNON v. CANNON.
Decision Date05 March 1942

287 N.Y. 425
40 N.E.2d 236

CANNON
v.
CANNON.

Court of Appeals of New York.

March 5, 1942.


Appeal from Supreme Court, Appellate Division, Fourth Department.

Action by Harvey P. Cannon, Jr., an infant, by Salvador J. Capecelatro, his guardian ad litem, against Harvey P. Cannon, individually and as administrator of the estate of Grace B. Cannon, deceased, for personal injuries. From a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered June 11, 1940, 259 App.Div. 1055, 20 N.Y.S.2d 605, unanimously affirming a judgment in favor of defendant entered upon an order of the court at Special Term, Cross, J., which granted a motion by defendant for a dismissal of the complaint, 174 Misc. 314, 20 N.Y.S.2d 603, plaintiff appeals by permission, a motion for leave to appeal having been denied by the Appellate Division, 259 App.Div. 1072, 21 N.Y.S.2d 1023.

Judgment affirmed.

[40 N.E.2d 237]

Salvador J. Capecelatro, of Utica, for appellant.

Abram G. Senior and Morgan F. Bisselle, both of Utica, for respondent.


LEWIS, Judge.

May an unemancipated minor child maintain an action against his parents for personal injuries alleged to have been caused by their negligence?

That question was considered in Sorrentino v. Sorrentino, 248 N.Y. 626, 162 N.E. 551, when the court denied the existence of such a right of action. The question is again presented by the defendant's challenge to the sufficiency of a complaint now before us wherein the plaintiff, an unemancipated minor, demands from his father and the estate of his deceased mother damages for personal injuries which are said to have been sustained through the mother's fault. It is alleged that while the infant plaintiff was a passenger in an automobile owned by his father and driven by his mother with his father's consent, he sustained personal injuries due to his mother's negligence. There are also allegations that the death of the plaintiff's mother, which occurred three days after the plaintiff was injured, was due to injuries suffered by her in the accident which befell them both.

The appellant recognizes the rule of the Sorrentino case, supra. He suggests, however, that our more recent ruling in Rozell v. Rozell, 281 N.Y. 106, 108, 22 N.E.2d 254, 123 A.L.R. 1015 where a recovery for tortious injuries suffered by an unemancipated minor was upheld against his unemancipated sister may have foreshadowed such a change in the policy of the court as will validate the complaint now before us.

In the Rozell case, supra, it was said (Rippey, J., 281 N.Y. at page 109, 22 N.E.2d at page 255): ‘Persons who are not members of the family when injured through the tortious negligence of minors may recover damages against them by way of compensation for injuries sustained. * * * No logical reason nor reported authority exists to indicate...

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58 practice notes
  • Barlow v. Iblings, No. 52664
    • United States
    • United States State Supreme Court of Iowa
    • 6 Febrero 1968
    ...granted as a reward, but as a means of enabling the parents to discharge the duties which society exacts.' Finally, in Cannon v. Cannon, 287 N.Y. 425, 40 N.E.2d 236, the court stated of the parents' duties and responsibilities: 'As to the parents--the law which imposes upon them the duty to......
  • Downs v. Poulin
    • United States
    • Supreme Judicial Court of Maine (US)
    • 11 Enero 1966
    ...131, 131 A. 198; Castellucci v. Castellucci, 188 A.2d 467 (R.I.); Sorrentino v. Sorrentino, 248 N.Y. 626, 162 N.E. 551; Cannon v. Cannon, 287 N.Y. 425, 40 N.E.2d 236; Hastings v. Hastings, 33 N.J. 247, 163 A.2d 147; Reingold v. Reingold, 115 N.J.L. 532, 181 A. 153; McKelvey v. McKelvey, 111......
  • Newman v. Cole
    • United States
    • Supreme Court of Alabama
    • 18 Julio 2003
    ...(en banc), overruled by Heino v. Harper, 306 Or. 347, 759 P.2d 253 (1988) (abolishing interspousal immunity); accord Cannon v. Cannon, 287 N.Y. 425, 40 N.E.2d 236, 237-38 (1942), overruled by Gelbman v. Gelbman, 23 N.Y.2d 434, 297 N.Y.S.2d 529, 245 N.E.2d 192, 193 (1969) (abolishing bar to ......
  • Lastowski v. Norge Coin-O-Matic, Inc., COIN-O-MATI
    • United States
    • New York Supreme Court Appellate Division
    • 8 Abril 1974
    ...create such a cause of action. That parents owe a moral duty to their children which flows from what Judge Lewis in Cannon v. Cannon, 287 N.Y. 425, 427--428, 40 N.E.2d 236, 237, described as 'that natural kinship between parent and child' is beyond question. Discussing that duty, Judge Lewi......
  • Request a trial to view additional results
58 cases
  • Barlow v. Iblings, No. 52664
    • United States
    • United States State Supreme Court of Iowa
    • 6 Febrero 1968
    ...granted as a reward, but as a means of enabling the parents to discharge the duties which society exacts.' Finally, in Cannon v. Cannon, 287 N.Y. 425, 40 N.E.2d 236, the court stated of the parents' duties and responsibilities: 'As to the parents--the law which imposes upon them the duty to......
  • Downs v. Poulin
    • United States
    • Supreme Judicial Court of Maine (US)
    • 11 Enero 1966
    ...131, 131 A. 198; Castellucci v. Castellucci, 188 A.2d 467 (R.I.); Sorrentino v. Sorrentino, 248 N.Y. 626, 162 N.E. 551; Cannon v. Cannon, 287 N.Y. 425, 40 N.E.2d 236; Hastings v. Hastings, 33 N.J. 247, 163 A.2d 147; Reingold v. Reingold, 115 N.J.L. 532, 181 A. 153; McKelvey v. McKelvey, 111......
  • Newman v. Cole
    • United States
    • Supreme Court of Alabama
    • 18 Julio 2003
    ...(en banc), overruled by Heino v. Harper, 306 Or. 347, 759 P.2d 253 (1988) (abolishing interspousal immunity); accord Cannon v. Cannon, 287 N.Y. 425, 40 N.E.2d 236, 237-38 (1942), overruled by Gelbman v. Gelbman, 23 N.Y.2d 434, 297 N.Y.S.2d 529, 245 N.E.2d 192, 193 (1969) (abolishing bar to ......
  • Lastowski v. Norge Coin-O-Matic, Inc., COIN-O-MATI
    • United States
    • New York Supreme Court Appellate Division
    • 8 Abril 1974
    ...create such a cause of action. That parents owe a moral duty to their children which flows from what Judge Lewis in Cannon v. Cannon, 287 N.Y. 425, 427--428, 40 N.E.2d 236, 237, described as 'that natural kinship between parent and child' is beyond question. Discussing that duty, Judge Lewi......
  • Request a trial to view additional results

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