Story Case

Frank White, an infant nineteen years of age, who was living with his parents, was requested by his father to do an errand for him. The request was reasonable, but Frank refused to comply. Thereupon, the father asked an older brother to use force in holding the delinquent brother while the father administered punishment. The father used a leather whip and beat the son severely, but did not in any way permanently injure him. Following this, Frank employed a lawyer and brought an action for damages against both his father and older brother. Can he recover?

Ruling Court Case. Rowe Vs. Rugg, Volume 117 Iowa Reports, Page 606; Volume 94 American State Reports, Page 318

In this case it appears that the mother of the plaintiff, Rowe, who was an infant, authorized her sister, and aunt of the child, to punish the child for some wrongful conduct. It appears that the aunt administered the punishment in a reasonable way and that the punishment administered was not excessive but the child brought this action against her for damages.

It was contended by the defendant, the aunt, that the mother, being equally entitled with its father, to the control of the child, was entitled to administer punishment, and that such being the case, she was entitled also to delegate such authority to some third person.

Decision: Under the code of the State of Iowa as at common law, it is provided, as contended by the defendant, that the mother has equal right with the husband to control and possession of their minor children. Consequently, the mother is entitled to administer reasonable punishment in cases where punishment is necessary. If she has this right, there is no reason why she should not be permitted to delegate the right to some person in whom she has confidence, provided it is done in. good faith and the punishment administered is reasonable and not excessive.

Accordingly it was held that the defendant was not liable in this action.

Ruling Law. Story Case Answer

Parents are responsible to society for the well-being, education, training and integrity of their offspring. Accordingly the law has lodged in them the right and power to control their children in such manner as seems best to the end in view. The power of the parents in this respect is unlimited except that nothing may be done by the parents which will endanger their children physically or morally. So the father, and in his absence or in case he is dead, the mother, has the right to direct his physical, mental and moral training, to choose his associates and supervise his general conduct.

In the Story Case, the father had the legal right to severely chastise the son, if the father acted in good faith and did not permanently injure him. Also, the father had the right to request the aid of the older brother, and neither is liable for the punishment inflicted.