Whitson, Admr. v. T.C. Ry. Co.

DisseNtiNG Opinion.

Mb. Justice Cook

delivered the dissenting opinion.

I cannot concur in the conclusion that the fact of the appointment of the administrator August 7, 1928, and the amendment to substitute him as the plaintiff can be related back to May 30, 1928, so as to defeat the statute of limitations which began to run June 1, 1927. By such an amendment the original plaintiff is permitted to shift from the law that denies him the right to maintain the action to the law that confers the right upon the administrator to the exclusion of all others.

In cases of death by wrongful act, the right…