(Filed 20 November, 1940.)
Appeal by defendant from Johnston, Special Judge, at September Extra Term, 1940, of Mecklenburg.
Reversed.
Civil action to recover damages for personal injuries.
G. D. Bruns, Jr., infant son of defendant, while riding a bicycle belonging to bim on a sidewalk in the city of Charlotte, in violation of a city ordinance, struck and injured plaintiff.
Defendant demurred to the complaint. The demurrer was overruled and defendant excepted and appealed.
G. T. Carswell and Joe W. Ervin for plaintiff, appellee.
John Newit.i for defendant, appellant.
*781Pee. . CueiaM.
Tbe allegations contained in tbe complaint are not sufficient to take plaintiff’s cause of action out of tbe general rule tbat a parent is not liable for tbe torts of bis minor child. Bowen v. Mewborn, ante, 423, is in point and is controlling. As tbe complaint fails to state a cause of action tbe judgment below overruling tbe demurrer is
Eeversed.