Opinion

Silesky Ex Rel. Silesky v. Kelman

  • 281 Minn. 431
  • 161 N.W.2d 631
  • 1968 Minn. LEXIS 1026
Court
Supreme Court of Minnesota
Filed
Sep 27, 1968
Status
Published
Author
Peterson
On the bench
Nelson, Peterson, Rogosheske, Sheran
Cited by
76 cases
Authority
More cited than 12.8%

stating “[t]he court may modify the common law, adopting such of its principles as are applicable and rejecting such others as are inapplicable.”

How later courts described this case

  • stating “[t]he court may modify the common law, adopting such of its principles as are applicable and rejecting such others as are inapplicable.”
  • abrogated the parental immunity rule in negligence cases except in certain situations; child permitted to sue for injuries resulting from auto accidents
  • tort action by child against parent
  • suit by child against parent

Written by the judges who cited it.

The opinion

Peterson, Justice

(concurring specially).

I concur because the policy of abrogating family immunity was decided in Balts v. Balts, 273 Minn. 419 , 142 N. W. (2d) 66 . I am unable to distinguish an action by a child against a parent from one by a parent against a child.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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