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Keywords

tortplaintiffnegligenceliabilitytrial
plaintiffdefendantnegligence

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Singer v. Marx, 144 Cal.App.2d 637, 301 P.2d 440

Facts

On September 13, 1953, nine-year-old Tim Marx threw a rock that struck eight-year-old Denise Singer in the eye while they were playing outside. Tim had been throwing rocks into the street and had previously indicated he was throwing at another child, Barbara Corcoran. Denise was not throwing rocks and was struck unexpectedly. Tim's actions raised questions of both battery and negligence, particularly regarding his mental capacity to understand the consequences of his actions. Additionally, evidence suggested that Tim's mother was aware of his rock-throwing behavior but did not take effective measures to control it.

On September 13, 1953, Tim Marx was nine years of age. Plaintiff Denise was eight and Barbara Corcoran was also eight.

Issue

The main legal issues were whether Tim Marx was liable for battery or negligence and whether his parents, particularly his mother, were negligent in failing to control his known propensity for throwing rocks.

It could not be said as a matter of law that nine year old defendant minor was not liable for battery or not guilty of negligence.

Rule

A minor can be held liable for torts, including battery, if they have the capacity to intend the act in question. Parents may also be liable for their child's actions if they fail to exercise reasonable control over a child known to have dangerous tendencies.

An infant who forcibly invades the person of another is liable for a battery regardless of an intent to inflict injury.

Analysis

The court analyzed the evidence and determined that there were multiple reasonable inferences that could be drawn regarding Tim's intent and negligence. The court noted that Tim's actions could be interpreted as either a deliberate throw at Denise or an accidental strike while aiming at another child. The evidence of Tim's mother's knowledge of his rock-throwing habits was sufficient to present a jury issue regarding her negligence, while the father's lack of knowledge did not support a claim against him.

The evidence is susceptible of either of these inferences.

Conclusion

The court reversed the nonsuit against Tim Marx and his mother, Marion Marx, allowing the case to proceed to trial, but affirmed the nonsuit against Tim's father, Zeppo Marx, due to insufficient evidence of his negligence.

The granting of a nonsuit in favor of Tim was erroneous.

Who won?

The plaintiffs, Denise Singer and her father, prevailed in part as the court allowed their claims against Tim Marx and his mother to proceed, finding sufficient evidence of potential liability.

The judgment of nonsuit is reversed as to defendants Tim Marx and Marion Marx, and affirmed as to defendant Zeppo Marx.

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