New York Court of Appeals

Ernest A. Rozell, an Infant, by Ernest D. Cowles, His Guardian Ad Litem, Respondent v. Evelyn D. Rozell, an Infant…

July 11, 1939281 N.Y. 106

Summary

The Court of Appeals affirmed the judgment allowing a twelve‑year‑old plaintiff to recover damages from his sixteen‑year‑old sister for negligence in an automobile accident. The court held that no public policy or statutory prohibition bars such intra‑family tort actions and that an infant is generally liable for his own torts. Accordingly, the suit was maintainable and the jury's verdict was upheld.