Black v. Southern Railway Co.

1. While it is true that, under section 5517 of the Civil Code (1910), “an action for a tort must, in general, be brought in the name of the person whose legal right has been affected, and who was legally interested in the property at the time the injury thereto was committed,” especially where an action is founded on a direct invasion of some legal right such as a suit in trover or for trespass, an exception exists, as set forth in section 4408 of the Civil Code (1910), that, “if the tort results from the violation of a duty, itself the consequences of a contract, the right of action is…