Ingram v. Southern Ry. Co

Citation152 N.C. 762,67 S.E. 926
PartiesINGRAM v. SOUTHERN RY. CO.
Decision Date20 April 1910
CourtUnited States State Supreme Court of South Carolina

1. Parent and Child (§ 16*)—Emancipation of Child—Right to Wages.

Where a minor is employed with the approval of his father, and the contract contemplates that the son shall receive the wages earned by him, the agreement is, in effect, an emancipation of the son as to the wages earned under the contract which thereby belonged to the son.

[Ed. Note.—For other cases, see Parent and Child, Cent. Dig. §§ 167, 171; Dec. Dig. § 16.*]

2. Parent and Child (§ 16*)—Services of Child—Emancipation.

Where a minor contracts on his own account for his services with the knowledge of his parent and without the parent's objection, there is an implied emancipation, entitling the son to his earnings in his own right.

[Ed. Note.—For other cases, see Parent and Child, Cent. Dig. §§ 167, 171; Dec. Dig. § 16.*]

Appeal from Superior Court, Iredell County; Long, Judge.

Action by Giles Ingram against the Southern Railway Company for loss of services of plaintiff's son for two years preceding his majority because of the son's injury by defendant's alleged negligence. Judgment for defendant, and plaintiff appeals. Affirmed

These issues were submitted:

"(1) Was Grady Ingram injured by the negligence of the defendant as alleged in the complaint? Answer: Yes.

"(2) Was said Grady Ingram guilty of contributory negligence as alleged in the complaint? Answer: No.

"(3) What damage, if any, is plaintiff entitled to recover? Answer: No damage."

George W. Garland and Armfield & Turner, for appellant. L. C. Caldwell, for appellee.

PER CURIAM. We find no error in the rulings of the court below. There is ample evidence tending to prove an emancipation by the parent of the son. It is well settled that if a contract of employment is made by a minor and approved and confirmed by his father, and under such contract the son is to receive the wages earned by him, the father by approving and confirming the agreement in effect emancipates his son as to wages earned by him under the contract, which becomes the property of the son, and not the property of the father. Pardey v. American Ship Windlass Co., 19 R. I. 461, 34 Atl. 737. If a minor son contracts on his own account for his services with the knowledge of his father, who makes no objection thereto, there is an implied emancipation and an assent that the son shall be entitled to the earnings in his own right. Burdsall v. Waggoner, 4 Colo. 261; ...

To continue reading

Request your trial
7 cases
  • Smith v. Simpson, 454
    • United States
    • North Carolina Supreme Court
    • December 11, 1963
    ...Jolley v. Western Union Telegraph Co., 204 N.C. 136, 167 S.E. 575; Lowrie v. Oxendine, 153 N.C. 267, 69 S.E. 131; Ingram v. Southern Railroad, 152 N.C. 762, 67 S.E. 926. With respect to emancipation and the purchase of an automobile, the facts in James v. James, 226 N.C. 399, 38 S.E.2d 168,......
  • Jolley v. Western Union Tel. Co
    • United States
    • North Carolina Supreme Court
    • February 8, 1933
  • Jolley v. Western Union Telegraph Co.
    • United States
    • North Carolina Supreme Court
    • February 8, 1933
    ... ... The ... doctrine of implied emancipation is fully recognized in this ... state. Thus, in Ingram v ... [167 S.E. 577.] ...          Southern ... R. Co., 152 N.C. 762, 67 S.E. 926, the court said: "It ... is well settled that if a ... ...
  • Lowrie v. Oxendine
    • United States
    • North Carolina Supreme Court
    • October 19, 1910
    ...had been emancipated by his father and permitted to work for himself and to receive the earnings of his labor. In Ingram v. Railway, 152 N. C. 762, 67 S. E. 926, we held that: "If a minor son contracts on his own account for his services with the knowledge of his father, who makes no object......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT