Singer v. Marx
California Court of Appeal
144 Cal. App. 2d 637, 301 P.2d 40 (1956)
- Written by Brian Meadors, JD
Facts
Tim Marx (defendant) was nine years old. He was throwing rocks and talking about how far he could throw. Denise Singer (plaintiff), eight years old, was on the lawn with Marx. Another eight-year-old girl, Barbara, was riding her bike nearby. Marx said to Singer, “watch Barbie.” Singer was hit in the eye with the rock. The evidence is that either Marx changed the direction of his throw with no warning (aiming at Singer instead of Barbara) or that Marx accidentally hit Singer. Singer and Singer’s parents brought suit against Marx and his parents. Singer sued Marx for negligence and battery. Singer sued Marx’s parents for negligent failure to control Marx’s propensity to throw rocks. And Singer’s parents sued Marx’s parents for negligence, seeking expenses arising from Singer’s injury. The trial court nonsuited the case, and the Singers appealed.
Rule of Law
Issue
Holding and Reasoning (Ashburn, J.)
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