Rowe v. Rugg

• Decision Date: 18 October 1902
• Parties: E. J. ROWE, by His Next Friend and Father, Fred Rowe, Appellant, v. ELIZABETH RUGG
• Court: Iowa Supreme Court

91 N.W. 903

117 Iowa 606

E. J. ROWE, by His Next Friend and Father, Fred Rowe, Appellant, v. ELIZABETH RUGG

Supreme Court of Iowa, Des Moines

October 18, 1902

Appeal from Iowa District Court.--HON. M. J. WADE, Judge.

ACTION to recover damages for an assault and battery. Trial to a jury, and verdict and judgment for the defendant. The plaintiff appeals.

Affirmed.

Thos Stapleton for appellant.

Hedges & Rumple for appellee.

OPINION

SHERWIN, J.

This is an action by a child of eight years of age to recover of the defendant, who is his aunt, damages for corporal punishment administered by her. That she moderately chastised the child was admitted by the defendant, and the jury found that it was not, in fact, excessive. It conclusively appeared that it was authorized by the plaintiff's mother, and the only questions before us are whether the mother has such authority over her own child during the life of her husband, and while he is the head of the family, that she may delegate her power in the premise to another, and whether one acting under such delegated authority may legally inflict moderate punishment upon a minor child.

We first inquire whether either parent may legally authorize a third person to administer such chastisement to their child as they might themselves lawfully inflict. It is the general rule that those having the care, custody, and control of minor children may, for the purpose of proper discipline and control, administer such moderate and reasonable chastisement as shall effect the desired object, and this rule has been applied generally to all those occupying a position in loco parentis. The law continually looks to the future of the child, as well as to its present condition; and it is its policy, in dealing with the various questions which are constantly arising affecting its care and custody, to determine the line of action that shall best subserve its present and future welfare. The duties which the parent owes to the child as well as to the public, in the matter of its maintenance, protection, and education, have generally been held to give the parent or other person occupying such relation the power to thus discipline and correct it. While we are not prepared to hold that a parent may, without restraint, lawfully authorize any and all persons to administer physical punishment to his or her child, we see no reason why such authority may not be given under certain...