Haddock v. Florida Motor Lines Corporation, (1942)
Court: Supreme Court of Florida
Number:
Visitors: 3
Judges: ADAMS, J.:
Attorneys: Evan T. Evans, for plaintiff in error.
Milam, McIlvaine Milam, for defendant in error.
Filed: Jun. 30, 1942
Latest Update: Mar. 02, 2020
Summary: Final judgment for defendant after demurrer was sustained to plaintiff's declaration is before us on writ of error. The question is whether the mother has a cause of action for the wrongful death of her minor son where she was divorced from the surviving father, and had the custody of the child under a court order. *Page 850 The action was in the name of the father by the mother for the use and benefit of the latter. It alleged the wrongful death of the minor son; the prior divorce of the mother
Summary: Final judgment for defendant after demurrer was sustained to plaintiff's declaration is before us on writ of error. The question is whether the mother has a cause of action for the wrongful death of her minor son where she was divorced from the surviving father, and had the custody of the child under a court order. *Page 850 The action was in the name of the father by the mother for the use and benefit of the latter. It alleged the wrongful death of the minor son; the prior divorce of the mother ..
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It is my view that the declaration states a cause of action. The facts in the case of Mock v. Evans Light Ice Co., 88 Fla. 113, 101 So. 203, are, in my opinion, clearly distinguishable from the material allegations
of the declaration in the case at bar. The case at bar is ruled by Coon v. Atlantic Coast Line R. Co., 125 Fla. 240, 490,171 So. 207. I find it unnecessary to overrule or recede from former holdings or rulings of this Court on the question presented. I therefore agree to the conclusion reached in this opinion prepared by Mr. Justice ADAMS.
Source: CourtListener
