#### Marietta Kitchen, Appellant, v. George E. Weatherby, Appellee.

(Not to he reported in full.)

Abstract of the Decision.

1. Pabent and child, § 39*—liability of parent for torts of child. A parent is not liable for the torts of a minor child.

2. Fabent and child, § 39 * —when evidence insufficient to show that child had permission to use automobile. Evidence held insufficient to show that defendant’s son had general permission from defendant to use defendant’s automobile, in an action to recover damages for personal injuries sustained by plaintiff in a collision with defendant’s automobile while it was being driven by defendant’s son.

3. Fabent and child, § 39*—when evidence insufficient to show liability of parent for negligence of son using father’s automobile. In an action to recover damages for personal injuries sustained by *11plaintiff in a collision with defendant’s automobile while it was being driven by defendant’s son, where there was no evidence whether said son was a minor or an adult, or that the car was being used on defendant’s business, or that the son had ever received' defendant’s permission to use the car, or was at the time of the accident using it with defendant’s knowledge or consent or had ever so used it, held that the evidence was insufficient to show defendant’s liability for the accident.

*10Appeal from the Circuit Court of Macon county; the Hon. William K. Whitfield, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed April 16, 1917.

Statement of the Case.

Action by Marietta Kitchen, plaintiff, against George E. Weatherby, defendant, to recover damages for personal injuries sustained by plaintiff in a collision between her automobile and defendant’s car. From a judgment for defendant on a directed verdict, plaintiff appeals.

Redmon, Hogan & Redmon, for appellant.

Mills Brothers, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV. and Cumulative Quarterly, same topic and section number.

Mr. Justice Eldredge

delivered the opinion of the court.