Fitzhenry v. Consolidated Traction Co.

The opinion of the court was delivered by

Lippincott, J.

The action in this case was in the name •of the father, Joseph Fitzhenry, for damages resulting to him by the death of his son, Joseph Fitzhenry, Jr., by the alleged negligence of the defendant. The summons was issued in the name of the father, and the declaration in the case averred the death of the son and claimed damages by reason of the ■death, not as administrator, but as father, for the loss of services. No grant of letters of administration was averred in the declaration.

This action was misconceived. It should have been commenced…