Haddock Ex Rel. Wiggins v. Florida Motor Lines Corp.

ADAMS, J.:

Pinal judgment for defendant after demurrer was sustained to plaintiffs 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.

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 and father; that the mother had the legal custody of the child by virtue of the final decree in the…