Ryley v. Lafferty, 1131.

• Decision Date: 06 November 1930
• Docket Number: No. 1131.,1131.
• Citation: 45 F.2d 641
• Parties: RYLEY v. LAFFERTY.
• Court: U.S. District Court — District of Idaho

45 F.2d 641 (1930)

RYLEY v. LAFFERTY.

No. 1131.

District Court, D. Idaho, N. D.

November 6, 1930.

CAVANAH, District Judge.

Plaintiff, as mother and guardian ad litem of Bertram James Ryley, both citizens and subjects of the Dominion of Canada, bring this action against A. B. Lafferty and wife, citizens and residents of Idaho, to recover damages for injuries sustained by her minor child in being struck and beaten by the minor child of defendants.

The statement of the cause of action, which is challenged by defendants' demurrer, is: "That Elmer Lafferty is the minor son of defendants of the age of about sixteen years, and that at all the times herein mentioned he lived and resided with the defendants at their home in Cœur d'Alene, Idaho, and that at all of said times the said Elmer Lafferty had a vicious and malignant disposition and the habit of persuading and inveigling smaller boys into secluded places and away from older and adult people and of beating, bruising, maiming, and punishing such smaller boys, and that the defendants at all the times herein mentioned well knew of such habit and disposition on the part of their said son, Elmer Lafferty, and that, notwithstanding such knowledge and information, they allowed him to go alone among smaller boys and to continue to inveigle and persuade them into places of secrecy and into secluded places and to beat, bruise, and maim them, and that the defendant A. B. Lafferty encouraged the said boy in such conduct by resenting any resistance or admonition made by other adult persons when such acts were committed by said boy and in knowing of such disposition and acts of said minor and in failing to protect other boys from such acts of his said minor son. That, with full knowledge of the disposition, trait and habit of the said boy, and on or about the 10th day of March, 1930, at Cœur d'Alene, Idaho, defendants allowed and permitted their said son, Elmer Lafferty, to go at large upon the streets and alleys and commons at and about the city of Cœur d'Alene, and that on or about the said date he, the said Elmer Lafferty, persuaded and inveigled the plaintiff Bertram James Ryley, to go with him to a secluded place in the forest on what is known as Tubbs Hill, contiguous to the city of Cœur d'Alene and Lake Cœur d'Alene, and did then and there wrongfully, unlawfully, and maliciously cause and force plaintiff to undress and did then and there wrongfully, unlawfully and maliciously strike, beat and bruise plaint...