[DOWNLOAD] "Distinctive Printing and Packaging Company" by Supreme Court of Nebraska " Book PDF Kindle ePub Free
eBook details
- Title: Distinctive Printing and Packaging Company
- Author : Supreme Court of Nebraska
- Release Date : January 21, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
Plaintiff-appellant, Distinctive Printing and Packaging Company, seeks to recover $178,495.94 in damages from defendants-appellees,
Verlyn R. Cox; his wife, Martha L. Cox; and Susana Hernandez, under the provisions of the parental liability statute, Neb.
Rev. Stat. § 43-801 (Reissue 1988), asserting the defendants' respective resident minor sons willfully and intentionally
set fire to plaintiff's property. So far as is relevant to this appeal, the defendants demurred on the ground that plaintiff's
petition failed to state a cause of action because the statute is unconstitutional on state and federal equal protection and
due process grounds. The district court sustained the demurrers and thereafter dismissed plaintiff's petition. In its appeal
to this court, plaintiff asserts that the district court's dismissal of its action on the ground that the foregoing statute
is unconstitutional in its entirety is erroneous. Pursuant to this court's order, the parties have also explored whether the
statute suffers constitutional infirmity by imposing excessive fines for the failure to control one's errant children, or
otherwise exacts penalties or punitive damages. Determining that the statute, whether wise or unwise, is constitutional, we
reverse the district court's order of dismissal and remand the cause for further proceedings. EQUAL PROTECTION