
    Beebe v. Trafford.
    A parent may submit to arbitration, a trespass committed upon his infant child, and it shall not vitiate the award, that the damages aAvarded are blended with other damages belonging wholly to the parent.
    In an action of debt on bond — tbe defendant, after oyer, Set forth a condition, in the following words, viz. — “It is covenanted between the said parties, to refer and submit the whole matter (in every consideration) of the injury done to the private parts of E. B. Jr. son to E. B. aforesaid, by S. B. son to the wife of W, T. some time in November instant, to be finally settled and determined by the arbitrament and award of Messrs. N. H., J. B. and N. B. Said arbitrators to determine what damages said Trafford shall allow said Beebe, for the injury aforesaid,” etc. — And concluded uul fait agard.
    
    Replication. — That true, the obligation was given to compel the defendant to abide and perform the award of said arbitrators, relative to a most cruel and barbarous injury, done and committed by S. B. son to the wife of the defendant, a young man, about nineteen years of age, upon the private parts of the body of E. B. Jr. son of the plaintiff, about eight years of age; which the plaintiff and defendant did, for themselves and said minors, submit to said arbitrators, for them to consider and award upon in every point of view, as it concerned the plaintiff and his said child, and the said '8. B.— That the said arbitrators toot upon themselves the burden of hearing the parties, and awarding on the matters submitted; and that they did make and publish the following award, viz. “We the subscribers, being appointed arbitrators, in a matter of difference between E. B. for himself and his son E. B. Jr. a minor, on the one part; and W. T. in behalf of S. B. a minor, and son of the wife of said W. T. as natural guardian to said S. B. on the other part: Which matter of difference is touching and concerning an injury done by said S. B. to the private parts of said E. B. Jr. and the cost and damages that have arisen in consequence of said injury, for surgeons, nursing, etc. and for the pain, distress, and disability of said E. B. Jr. Tbe parties baying convened, etc. and beard respecting tbe premises, etc. We do award and determine, tbat said W. T. shall give and pay to said E. B. for the purpose aforesaid, tbe sum of £110.”
    Tbat tbe defendant bath neglected to comply with and perform said award; and tbat tbe plaintiff, in behalf of liimself and son, had always stood ready to comply with said award, and to accept tbe sum awarded, in full satisfaction of said injury.
    To this there was a demurrer, and joinder in demurrer.
    And the exception taken, was — Tbat tbe award set forth in the replication is void.
    1. Because tbe arbitrators have awarded a sum in gross to tbe parent, for bis loss of service, and for tbe pain and disability of tbe infant; which ought to have been awarded to each, in proportion to their several damages, tbat it might be plead-able in bar of any future demand on tbe part of tbe infant.
    2. Because tbe sum given by the award is not said to be in discharge of tbe injury complained of; — therefore, it makes no end of tbe controversy.
   By the whole Court.

It appears, by tbe submission, that it was the intention of the parties, to refer the whole matter of the damages done by the trespass, on the body of the infant, to the decision of the arbitrators; and the award is correspondent to tbe submission: And tbe plaintiff bad right to receive satisfaction for the trespass done to his son (as be was his natural guardian) as well as for tbe damage done to himself; and it is immaterial whether the damage was ascertained by agreement of tbe parties, or award of arbitrators: Therefore, a recovery in this case will be a bar of any action for that trespass, and the awarding entire damages cannot prejudice the defendant. — So judgment was for the plaintiff.  